TjhbvITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY

SECTION ONE: CONSPIRACY AND TREASON
ART. 114 TREASON ART 115. CONSPIRACY & PROPOSAL TO COMMIT ART 116. MISPRISION OF TREASON ART 117. ESPIONAGE
TREASON

1. That the offender owes allegiance to the 1. Conspiracy to commit treason – committed when 1. That the offender is a citizen of the Philippines; 1. By entering, without authority, a warship, fort, or
Government of the Philippines; (a Filipino citizen in time of war, two or more persons come to an military or naval establishment or reservation to
or Resident alien) agreement to levy war against the Government or 2. That he has knowledge of any conspiracy against obtain any information, plan or other data of
to adhere to the enemies and to give them aid or the Government; confidential nature relative to the defense of the
2. There is a war in which the Philippines is involved comfort, and decide to commit it (Arts. 8 and 114) Philippines
3. That the conspiracy is one to commit treason;
3. The offender either (modes of committing): 2. Proposal to commit treason – committed when in 2. By disclosing to the representative of a foreign
time of war a person has decided to levy war 4. That he conceals or does not disclose and make nation the contents of the articles, data or
a. Levies war against the government against the Government or to adhere to the known the same as soon as possible to the proper information referred to in the preceding
b. Adheres to the enemies,giving them aid or enemies and to give them aid or comfort, authority paragraph, which he had in his possession by
comfort. proposes its execution to some other person or reason of the public office he holds.
persons (Arts. 8 and 114)
 TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY
SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR
OR GIVING MOTIVES FOR REPRISALS ART. 119 VIOLATION OF NEUTRALITY ART 120. CORRESPONDENCE WITH HOSTILE COUNTRY ART 121. FLIGHT TO ENEMY’S COUNTRY

1. That it is made in time of war in which the

1. That the offender performs unlawful or 1. That there is a war in which the Philippines is not Philippines is involved; 1. That there is a war in which the Philippines is
unauthorized acts; involved involved;
; 2. That the offender makes correspondence with the:
2. That such acts provoke or give occasion for: 2. A regulation issued by a competent authority for a. Enemy country or 2. Offender owes allegiance to the Government;
i. A war involving or liable to involve the the purpose of enforcing neutrality; b. Territory occupied by the enemy troops;
Philippines; or
ii. Expose Filipino citizens to reprisals on their 3. That the offender violates such regulation. 3. That the correspondence is either: 3. Offender attempts to flee or go to the enemy
persons and property. a. Prohibited by the Government; or country;
b. Carried on in ciphers or conventional signs; or
c. If notice or information be given enemy. 4. That going to the enemy country is prohibited by
the competent authority.
The following must concur to qualify the offense:

1. That the notice or information might be useful to

the enemy;

2. That the offender intended to aid the enemy.

 TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY
SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS
GENERAL AND MUTINY ON THE HIGH SEAS ARTICLE 123 QUALIFIED PIRACY REPUBLIC ACT NO. 6235 ANTIHIJACKING LAW

Two ways or modes of committing piracy: Qualifying Circumstances: “aircraft is in flight” - from the moment all exterior doors are closed
following embarkation until the same doors are again opened for
1. By attacking or seizing a vessel on the high seas or in Philippine 1. Whenever the offenders have seized the vessel by boarding or firing disembarkation.
waters; upon the same;
Acts Punished
2. By seizing in the vessel while on the high seas or in Philippine waters 2. Whenever the pirates have abandoned their victims without means of
the whole or part of its cargo, its equipment or personal belongings of saving themselves; 1. Usurping or seizing control of an aircraft of Philippine registry while it
its complement or passengers. is in flight; or compelling the pilots thereof to change its course or
3. Whenever the crime is accompanied by murder, homicide, physical destination; Note: When the aircraft is not in flight, the usurpation or
Elements of piracy: injuries, or rape. seizure of the aircraft may amount to coercion or threat. When death
. results, the crime is homicide or murder, as the case may be.
1. That a vessel is on the high seas or on Philippine waters;
Qualified Mutiny: When the second or the third circumstance accompanies 2. Usurping or seizing control of an aircraft of foreign registry, while
2. That the offenders are NOT members of its complement or passengers the crime of mutiny mentioned under Art. 122, mutiny is then qualified. within Philippine territory, or compelling the pilots thereof to land in
of the vessel; First circumstance may not qualify the crime of mutiny. any part of Philippine territory;

3. That the offenders: 3. Carrying or loading on board an aircraft operating as a public utility
a. Attack or seize the vessel; or passenger aircraft in the Philippines flammable, corrosive, substances,
b. Seize the whole or part of the cargo of said vessel, its equipment explosive or poisonous
or personal belongings of its complement or passengers.

4. Loading, shipping, or transporting on board a cargo aircraft operating

Piracy under PD 532: Punishes piracy committed in Philippine waters only. as a public utility in the Philippines, flammable, corrosive, or
poisonous substance if not done in accordance with the rules and
Offenders: any person (passenger, crew or stranger) regulations of the Air Transportation Office.
 TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETING AND CRIMESAGAINST RELIGIOUS WORSHIP
SECTION ONE: ARBITRARY DETENTION AND EXPULSION
ARTICLE 124. ARBITRARY DETENTION ARTICLE 125. DELAY IN THE DELIVERY OF DETAINED ARTICLE 126. DELAYING RELEASE
PERSONS TO THE PROPER JUDICIAL AUTHORITIES

1. That the offender is a public officer or employee; 1. That the offender is a public officer or employee; Three acts punished:

2. That he detains a person; 2. That he has detained a person for some legal ground 1. By delaying the performance of a judicial or executive order for the
release of a prisoner;
3. That the detention is without legal ground.
3. That he fails to deliver such person to the proper judicial authorities 2. By unduly delaying the service of the notice of such order to said
within: prisoner;
Legal grounds for the detention of persons:
12 hrs. for light penalties or their equivalent. 3. By unduly delaying the proceedings upon any petition for the
1. The commission of a crime; or liberation of such person.
18 hrs. for correctional penalties or their equivalent.
2. Violent insanity or other ailment requiring compulsory confinement of
the patient in a hospital 36 hrs. for afflictive Elements:

1. That the offender is a public officer or employee;

Note on R.A. 6235: Aggravating circ. to nos. 1 and2
2. That there is a judicial or executive order for the release of a prisoner
1. When the offender has fired upon the pilot, member of the crew, or or detention prisoner, or that there is a proceeding upon a petition for
passenger of the aircraft; the liberation of such person;

2. When the offender has exploded or attempted to explode any bomb 3. That the offender without good reason delays either:
or explosive to destroy the aircraft;

3. Whenever the crime is accompanied by murder, homicide, serious a. The service of the notice of such order to the prisoner;
physical injuries or rape; b. The performance of such judicial or executive order for the release
of the prisoner; or
c. The proceedings upon a petition for the release of such person.
 TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETING AND CRIMESAGAINST RELIGIOUS WORSHIP
SECTION TWO: VIOLATION OF DOMICILE
ARTICLE 127. EXPULSION ARTICLE 128 VIOLATION OF DOMICILE ARTICLE 129. SEARCH WARRANTS MALICIOUSLY ARTICLE 130 SEARCHING DOMICILE WITHOUT
OBTAINED AND ABUSE IN THE SERVICE OF THOSE WITNESSES
LEGALLY OBTAINED
Two acts punished: Acts Punished
1. That the offender is a public officer or employee;
1. By expelling a person from the Philippines; 1. By entering any dwelling against the will of the Acts Punished:
owner thereof; 2. That he searches the domicile, papers or other
2. By compelling a person to change his residence. 1. Procuring a search warrant without just cause belongings of any person;
2. By searching papers or other effects found therein
without the previous consent of such owner; Elements: 3. That he is armed with a warrant;
Elements:
a. That the offender is a public officer or employee; 4. That the owner or any member of his family or two
1. That the offender is a public officer or employee; 3. By refusing to leave the premises, after having b. That he procures a search warrant; witnesses residing in the same locality are not
surreptitiously entered said dwelling and after c. That there is no just cause. present.
2. That he expels any person from the Philippines, or having been required to leave the same.
compels a person to change his residence; 2. Exceeding his authority or by using unnecessary
severity in executing a search warrant legally
Common elements: procured
3. That the offender is not authorized to do so by
law. 1. That the offender is public officer or employee; Elements:

2. That he is not authorized by judicial order to enter a. That the offender is a public officer or employee;
Exception: (no expulsion) in cases of ejectment, the dwelling and/ or to make a search for papers b. That he has legally procured a search warrant;
expropriation or when the penalty of destierro is and for other effects. c. That he exceeds his authority or uses unnecessary
imposed severity in executing the same.

Qualifying circumstances:

1. If committed at nighttime;

2. If any papers or effects, not constituting evidence

of a crime are not returned immediately after a
search is made by the offender.
 TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETING AND CRIMESAGAINST RELIGIOUS WORSHIP
SECTION THREE: PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS
ARTICLE 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL ARTICLE 132. INTERRUP-TION OF RELIGIOUS WORSHIP ARTICLE 133. OFFENDING RELIGIOUS FEELINGS
MEETINGS

1. That the offender is a public officer or employee; 1. That the acts complained of were performed:
Acts Punished:
2. That religious ceremonies or manifestations of any religion are about a. In a place devoted to religious worship (not necessary that there
1. Prohibiting, interrupting or dissolving without legal ground the holding to take place or are going on; is a religious worship); or
of a peaceful meeting; b. b. During the celebration of any religious ceremony;
3. That the offender prevents or disturbs the same
2. Hindering any person from joining any lawful association or from 2. That the acts must be notoriously offensive to the feelings of the
attending any of its meetings; - Qualified by violence or threats faithful.

3. Prohibiting or hindering any person from addressing, either alone or

together with others, any petition to the authorities for the correction
of abuses or redress of grievances.

Common elements:

1. That the offender is a public officer;

2. That he performs any of the acts mentioned above

 TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 137 DISLOYALTY OF ARTICLE 138. INCITING TO ARTICLE 139. SEDITION ARTICLE 140. PENALTY FOR ARTICLE 142. INCITING TO Elements of act no. 1:
PUBLIC OFFICERS/ REBELLION/ INSURRECTION SEDITION SEDITION
EMPLOYEES 1. That the offender does not take
1. That the offenders rise: direct part in the crime of sedition;
1. That the offender does a. Publicly; and Persons liable: Acts Punished:
Acts Punished not take up arms or is not b. Tumultuously; 2. That he incites others to the
in open hostility against 1. The leader of the sedition; 1. Inciting others to commit accomplishment of any of the acts
1. Failing to resist a the Government; 2. That they employ force, intimidation, or sedition by means of which constitute sedition;
rebellion by all means other means outside of legal methods; 2. Other persons participating in speeches, proclamations,
in their power; 2. That he incites others to the sedition. writings, emblems cartoons, 3. That the inciting is done by means of
the execution of any of 3. That the offenders employ any of those banners, or other speeches, proclamations, writings,
2. Continuing to discharge the acts of rebellion; means to attain any of the following representations tending to emblems, cartoons, banners, or
the duties of their objects: ARTICLE 141. CONSPIRACY TO the same end; other representations tending to the
office under the control 3. That the inciting is done COMMIT SEDITION same end.
of the rebels; by means of speeches, a. To prevent the promulgation or 2. Uttering seditious words or
proclamations, writings, execution of any law or the holding speeches which tend to
3. Accepting appointment emblems, banners or of any popular election; Only Conspiracy to commit disturb the public peace; Acts nos. 2 & 3 punishable when:
to office under the other representations b. To prevent the government or any sedition is punishable and not
rebels. (SPWEBO) tending to the public officer from freely exercising proposal to commit sedition. 3. Writing, publishing, or 1. They tend to disturb or obstruct any
same end its or his functions, or prevent the There must be an agreement both circulating scurrilous libels lawful officer in executing the
execution of any Administrative to attain an object of sedition and against the Government or functions of his office;
Order; to rise publicly and tumultuously. any of its duly constituted
c. To inflict any act of hate or revenge authorities. 2. They tend to instigate others to cabal
upon the person or property of any and meet together for unlawful
public officer or employee; d. To 4. Knowingly concealing such purposes;
commit, for any political or social evil practices.
end, any act of hate or revenge 3. They suggest or incite rebellious
against private persons or any social conspiracies or riots or
class;
d. To despoil, for any political or social 4. They lead or tend to stir up the
end, any person or the government people against the lawful authorities
of all its property or any part or disturb the peace of the
thereof. community, and the safety and order
of the Government.
 CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION
SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES SECTION 2: VIOLATION OF PARLIAMENTARY
IMMUNITY
ARTICLE 143. ACTS TENDING TO PREVENT THE MEETING OF THE ARTICLE [Link] OF PROCEEDINGS ARTICLE 145 VIOLATION OF PARLIAMENTARY IMMUNITY
ASSEMBLY AND SIMILAR BODIES

1. That there be a meeting of Congress or any of its committees or Acts Punished

1. That there be a projected or actual meeting of the National Assembly subcommittees, constitutional commissions or committees or
or any of its committees or subcommittees, constitutional divisions thereof, or any provincial board or city or municipal council 1. Using force, intimidation, threats, or frauds to prevent any member
commissions or committees or divisions thereof, or of any provincial or board; from:
board or city or municipal council or board;
2. That the offender does any of the following acts: a. Attending the meetings of Congress or any of its subcommittees,
2. That the offender, who may be any person, prevents such meeting by commissions or divisions thereof, or from committees or
force or fraud. a. He disturbs any of such meetings; constitutional committees or
b. He behaves while in the presence of any such bodies in such a b. Expressing his opinions or
manner as to interrupt its proceedings or to impair the respect c. Casting his vote
due it.
2. Arresting or searching any member while Congress is in session, except
in cases where such member has committed a crime punishable under
the Code by a penalty higher than prision mayor.
 CHAPTER 3: ILLEGAL ASSMBLIES/ASSOCIATIONS

ARTICLE 146 ILLEGAL ASSEMBLIES ARTICLE 147 ILLEGAL ASSOCIATIONS

Forms of Illegal Assemblies: Prohibited associations:

1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under Association totally or partially organized for:
the Code
1. The purpose of committing any of the crimes punishable under the Code, or
Requisites: 2. Some purpose contrary to public morals.
a. That there is a meeting, gathering or group of persons, whether in a fixed place or moving;
b. That the meeting is attended by armed persons;
c. That the purpose of the meeting is to commit any of the crimes punishable under the Code.

2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition, or assault upon a person in authority

Requisites:
a. That there is a meeting, a gathering or group of persons, whether in a fixed place or moving;
b. That the audiences, whether armed or not, is incited to the commission of the crime of treason, rebellion
or insurrection, sedition or direct assault.

Presumptions:
If any person carries an unlicensed firearm, it is presumed that:

1. The purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC, and
2. He is considered a leader or organizer of the meeting
 CHAPTER FOUR: ASSAULT UPON, AND RESISTANCE & DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

ARTICLE 148 DIRECT ASSAULT i. Makes a serious intimidation (unlawful ARTICLE 150. DISOBEDIENCE TO SUMMONS ARTICLE 151 RESISTANCE & DISOBEDIENCE ARTICLE 152. PERSONS IN
coercion, duress, putting someone in fear, ISSUED BY THE NAT’L ASSEMBLY, ITS TO A PERSON IN AUTHORITY OR THE AUTHORITY & AGENTS OF
exertion of an influence in the mind which COMMITTEES OR SUBCOMMITTEES, BY THE AGENTS OF SUCH PERSON PERSONS IN AUTHORITY
Two ways to commit: must be both immediate and serious), or CONSTITUTIONAL COMMISSION, ITS
ii. Makes a serious resistance (if not serious, COMMITTEES, SUBCOMMITTEE OR
1. Without public uprising, by employing crime committed may be that under DIVISIONS Elements of resistance & serious Public Officer (PO)
force or intimidation for the attainment resistance and disobedience); disobedience:
of any of the purposes enumerated in Any person who takes
defining the crimes of sedition & b. That the person assaulted is a person in authority Acts punished: 1. That a PA or his APA is engaged in the part in the performance of
rebellion or his agent; performance of official duty or gives a public functions in the
c. That at the time of the assault the person in 1. Refusing, without legal excuse, to obey lawful order to the offender; government.
Elements: authority or his agent: summons of Congress, or any
commission or committee chairman or 2. That the offender resists or seriously
a. That the offender employs force 1. Is engaged in the actual performance of member authorized to summon disobeys such person in authority or Person in Authority (PA)
or intimidation; official duties, or witnesses; his agent;
b. That the aim of the offender is to 2. That he is assaulted by reason of the past Any person directly vested
attain any of the purposes of the performance of his official duties; 2. Refusing to be sworn or placed under 3. That the act of the offender is not with jurisdiction, whether
crime of rebellion or any of the d. That the offender knows that the one he is affirmation while before such legislative included in the provisions of Arts. 148- as an individual or as a
objects of the crime of sedition; assaulting is a person in authority or his agent in or constitutional body or official; 150. member of some court or
c. That there is no public uprising. the exercise of his duties; governmental corporation,
e. That there is no public uprising 3. Refusing to answer any legal inquiry or board commission.
2. Without public uprising, by attacking, to produce any books, papers, Elements of simple
by employing force or seriously documents, or records in his possession, disobedience:
intimidating or by seriously resisting ARTICLE 149 INDIRECT ASSAULT when required by them to do so in the Agent of a Person in
any PA or APA, while engaged in the exercise of their functions; 1. That an APA is engaged in the Authority (APA)
performance of official duties, or on 1. That a PA or an APA is the victim of any of the performance of official duty or
the occasion of such performance forms of direct assault defined in Art. 148; 4. Restraining another from attending as a gives a lawful order to the Any person who, by direct
witness in such legislative or offender; provision of law or by
Elements: 2. That a person comes to the aid of the APA; constitutional body; election or by appointment
2. That the offender disobeys such by competent authority, is
 That the offender: 3. That the offender makes use of force or 5. Inducing disobedience to summons or APA; charged with the
i. Makes an attack (equivalent to intimidation upon such person coming to the refusal to be sworn by any such body or maintenance of public
aggression), aid of the APA. official. 3. That such disobedience is not of a order and the protection
ii. Employs force, serious nature. and security
 CHAPTER FIVE: PUBLIC DISORDER

ARTICLE 153 TUMULTS & OTHER DISTURBANCES OF ARTICLE 154 UNLAWFUL USE OF MEANS OF ARTICLE 155 ALARMS & SCANDALS ARTICLE 156 DELIVERY OF PRISONERS FROM JAIL
PUBLIC ORDER PUBLICATION AND UNLAWFUL UTTERANCES

Acts punished: 1. That there is a person confined in a jail or penal

Acts punished: Acts punished: establishment;
1. Discharging any firearm, rocket, firecracker, or
1. Causing any serious disturbance in a public place, 1. Publishing or causing to be published as news any other explosive within any town or public place, 2. That the offender removes such person, or helps
office or establishment; false news which may endanger the public order, which produces alarm or danger the escape of such person.
or cause damage to the interest or credit of the
2. Interrupting or disturbing public performances, State; 2. Instigating or taking an active part in any charivari
functions or gatherings, or peaceful meetings, if or other disorderly meeting offensive to another Committed in two ways:
the act is not included in Arts. 131-132; 2. Encouraging disobedience to the law or to the or prejudicial to public tranquility
constituted authorities or by praising, justifying or 1. By removing a prisoner confined in jail or penal
3. Making an outcry tending to incite rebellion or extolling any act punished by law, by the same 3. Disturbing the public peace while wandering about institution – to take away a person from
sedition in any meeting, association or public means or by words, utterances or speeches; at night or while engaged in any other nocturnal confinement with or without the active
place; amusements participation of the person released
3. Maliciously publishing or causing to be published
4. Displaying placards or emblems which provoke a any official resolution or document without 4. Causing any disturbance or scandal in public places 2. By helping said person to escape – furnish material
disturbance of public order in such place; authority, or before they have been published while intoxicated or otherwise, provided Art. 153 means to facilitate escape
officially; is not applicable
5. Burying with pomp the body of a person who has
been legally executed. 4. Printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or leaflets
which do not bear the real printer’s name, or
which are classified as anonymous.
 CHAPTER SIX: EVASION OF SERVICE OF SENTENCE
ARTICLE 157 EVASION OF SERVICE OF SENTENCE ARTICLE 158 EVASION OF SENTENCE ON THE OCCASION OF DISORDERS, ARTICLE 159 OTHER CASES OF EVASION OF SENTENCE
CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES (CONDITIONAL PARDON)

1. That the offender is aconvict by final judgment;

1. That the offender is a convict by final judgment, and is confined in a 1. That the offender was a convict;
2. That he is serving his sentence, which consists in deprivation of penal institution;
liberty; 2. That he was granted a conditional pardon by the Chief Executive;
2. That there is disorder, resulting from:
3. That he evades the service of his sentence by escaping during the a. Conflagration, 3. That he violated any of the conditions of such pardon.
term of his sentence. b. Earthquake,
c. Explosion,
d. Similar catastrophe, FORMS OF EVASION OF SERVICE OF SENTENCE
Circumstances qualifying the offense: e. Mutiny in which he has not participated;
1. By simply leaving or escaping from the penal establishment under Art.
1. By means of unlawful entry (“by scaling”); 3. That the offender leaves the penal institution where he is confined, on 157
the occasion of such disorder or during the mutiny;
2. By breaking doors, windows, gates, walls, roofs or floors; 2. Failure to return within 48 hours after having left the penal
4. That the offender fails to give himself up to the authorities within 48 establishment because of a calamity, conflagration or mutiny and such
3. By using picklocks, false keys, disguise, deceit, violence, or hrs. following the issuance of a proclamation by the Chief Executive calamity, conflagration or mutiny has been announced as already
intimidation; announcing the passing away of such calamity. passed under Art. 158.

4. Through connivance with other convicts or employees of the penal 3. Violating the condition of conditional pardon under Article 159.
institution.
 CHAPTER SEVEN

ARTICLE 160 COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM)

1. That the offender was already convicted by final judgment;

2. That he committed a new felony before beginning to serve such sentence or while serving the same.

Who can be pardoned

A quasi-recidivist can be pardoned:

1. At the age of 70, if he shall have already served out his original sentence (and not a habitual criminal); or

2. When he shall have completed it after reaching the said age, unless by reason of his conduct or other circumstances, he shall not be worthy of such clemency.
 TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST
CHAPTER ONE: FORGERIES
SECTION 1: FORGING THE SEAL OF THE GOVERNMENT OF THE SECTION TWO: COUNTERFEITING COINS
PHILIPPINE ISLANDS, THE SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE.
ARTICLE 161 COUNTERFEITING SEAL OF ARTICLE 162 USE OF FORGED SIGNATURE, ARTICLE 163 MAKING AND IMPORTING AND ARTICLE 164 MUTILATION OF COINSIMPORTATION
GOVERNMENT, SIGNATURE AND STAMP OF COUNTERFEIT SEAL OR STAMP UTTERING FALSE COINS AND UTTERANCE OF MUTILATED COINS
PRESIDENT

1. That the seal of the Republic was counterfeited, or 1. That there be false or counterfeited coins; Acts punished
Acts Punished the signature or stamp of the Chief Executive was
forged by another person; 2. That the offender either made, imported or 1. Mutilating coins of the legal currency, with the
1. Forging the Great Seal of the Government of the uttered such coins; intent to damage or to defraud another;
Philippines; 2. That the offender knew of the counterfeiting or
forgery; 3. That in case of uttering such false or counterfeited 2. Importing or uttering such mutilated coins, with
2. Forging the signature of the President; coins, he connived with the counterfeiters or the further requirement that there must be
3. That he used the counterfeit seal or forged importers. connivance with the mutilator or importer in case
3. Forging the stamp of the President. signature or stamp. of uttering.

ARTICLE 165. SELLING OF FALSE OR MUTILATED COIN,

WITHOUT CONNIVANCE

Acts Punished

1. Possession of coin, counterfeited or mutilated by

another with intent to utter the same knowing that
it is false or mutilated;

2. Actually uttering false or mutilated coin, knowing it

to be false or mutilated.
 SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES
ARTICLE 166 FORGING TREASURY ARTICLE 167. ARTICLE 168. ILLEGAL ARTICLE 169. HOW FORGERY IS ARTICLE 171 FALSIFICATION BY PUBLIC B. Causing it to appear that
OR BANK NOTES OR OTHER COUNTERFEITING, POSSESSION AND USE OF FALSE COMMMITTED OFFICER, EMPLOYEE OR NOTARY OR persons have participated in an
DOCUMENTS PAYABLE TO BEARER IMPORTING AND TREASURY OR BANK NOTES AND ECCLESIASTICAL MINISTER act or proceeding when they
AND UTTERING THE SAME UTTERING INSTRUMENT OTHER INSTRUMENTS OF CREDIT 1. By giving to treasury or bank note did not in fact so participate.
NOT PAYABLE TO BEARER or any instrument payable to
bearer or to order the 1. That the offender is a public officer, 1. That the offender caused it to
Acts penalized: 1. That the treasury or bank appearance of a true and genuine employee or notary public or appear in a document that a
1. That there be an note or certificate or other document; ecclesiastical minister; person or persons participated
1. Forging or falsification of instrument payable to obligation and securities in an act or proceeding;
treasury or bank notes or order or other payable to bearer or any 2. Counterfeiting Altering 2. That he takes advantage of his official 2. That such persons did not in
other documents payable to document of credit instrument payable to order Substituting Erasing any figures, position when: fact so participate in the act or
bearer; NOT payable to or other document of credit letters, words or signs contained a. He has the duty to make or proceeding.
bearer; not payable to bearer is therein. prepare or otherwise to
2. Importation of the same forged or falsified by another; intervene in the preparation of
2. That the offender the document; OR C. Attributing to persons who
3. Uttering the same in either forged, 2. The offender knows that any b. He has the official custody of the have participated in any act or
connivance with forgers or imported or uttered of these instruments is forged ARTICLE 170 FALSIFICATION OF document which he falsifies proceeding statements other
importers; such instrument; or falsified; LEGISLATIVE DOCUMENT than those in fact made by
3. The offender falsifies a document. them.
What may be forged or falsified 3. That in case of 3. That he performs any of these
under Article 166: uttering he connived acts: 1. That there be a bill, resolution or 1. That persons participated in an
with the importer or ordinance enacted by or Different Modes of Falsifying a Document: act or proceeding;
1. Treasury or bank notes; forger. a. Using any of such forged or approved or pending approval by
falsified instruments; or either House of the Legislative or A. Counterfeiting or imitating any 2. That such person or persons
2. Certificates; b. Possession with intent to use, any provincial board or municipal handwriting, signature or rubric. made statements in that act or
any of the forged or falsified council; proceeding;
3. Other obligations and documents. 1. That there be an intent to imitate or
securities, payable to bearer. 2. The offender alters the same; an attempt to imitate; 3. That the offender in making a
document, attributed to such
2. The two signatures or handwriting, person, statements other than
3. That he has no proper authority the genuine and the forged bear some those in fact made by such
therefor; resemblance to each other person

4. That alteration changed the

meaning of the document.
 SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES
D. Making untruthful statements in a G. Issuing in an authenticated ARTICLE 172. FALSIFICATION BY PRIVATE 3. Use of falsified documents. 4. Using such falsified ARTICLE 173. FALSIFICATION
narration of facts. form a document INDIVIDUALS AND USE OF FALSIFIED messages. OF WIRELESS, CABLE,
purporting to be a copy of DOCUMENTS Elements: · With respect to No. 3, TELEGRAPH AND TELEPHONE
1. That the offender makes in a document an original document when the offender need not be MESSAGES AND USE OF SAID
statements in a narration of facts; no such original exist or Acts punished: A. Introducing in a judicial connected to the FALSIFIED MESSAGES
including in such a copy a proceeding: government or to such
2. That he has the legal obligation to statement contrary to or 1. Falsification of public, official or 1. That the offender knew that corporation. Acts punished:
disclose the truth of the facts narrated different from that of the commercial document by a private the document was falsified
by him; genuine original. individual by another person; Elements: 1. Uttering fictitious wireless,
2. That the false document was telegraph, or telephone
3. That the facts narrated by the offender H. Intercalating any Elements: embraced in Art. 171 or in a. That the accused knew messages;
are absolutely false; instrument or note relative any subdivision No.1 or 2 of that wireless, cable,
to the issuance in a a. The offender is a private individual or Art. 172; telegraph or telephone 2. Falsifying wireless,
4. That the perversion of truth in the protocol, registry or official a public officer or employee who did 3. That he introduced said message was falsified by telegraph or telephone
narration of facts was made with the book. not take advantage of his official document in evidence in any any person specified in messages.
wrongful intent of injuring a third position; judicial proceeding. ·No 1st paragraph of Art.173;
person. b. That he committed any of the acts of damage is required. Elements:
falsification enumerated in Art.171 b. That the accused used
E. Altering true dates. (Pars.1- 6); B. Use in any other transaction such falsified dispatch; a. That the offender is an
c. That the falsification was committed i. That the offender knew officer or employee of the
F. Making alteration or intercalation in a in a public or official or commercial that the document was c. That the use of the government or an officer
genuine document which changes its document. falsified by another person; falsified dispatch or an employee of a
meaning. 2. Falsification of private document by ii. That the false document resulted in the prejudice private corporation,
any person; was embraced in Art. 171 of a third party, or that engaged in the service of
1. That there be an alteration or or in any of subdivision No. the use thereof was with sending or receiving
intercalation (insertion) on a Elements: 1 or 2 of Art. 172; the intent to cause such wireless, cable or
document; iii. That he used such prejudice telephone message;
a. That the offender committed any of document (not in judicial
2. That it was made on a genuine the acts of falsification except those proceeding); b. That he commits any of
document; in par. 7, enumerated in Art.171; iv. That the use of the false the above acts
b. That the falsification was committed document caused damage
3. That the alteration and intercalation in a private document; to another or at least it was
has changed the meaning of the c. That the falsification caused damage used with intent to cause
document; to a third party or at least the damage.
falsification was committed with the
4. That the change made the document intent to cause damage.
speak something false
 SECTION FIVE SECTION SIX
ARTICLE 1 74. FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATE OF MERIT OR SERVICE ARTICLE 176 MANUFACTURING AND POSSESSION OF INSTRUMENTS AND IMPLEMENTS FOR
FALSIFICATION
Persons liable:
Acts punished:
1. Physician or surgeon who, in connection with the practice of profession issued a false certificate;
1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or
2. Public officer who issued a false certificate of merit or service, good conduct or similar circumstances; implements for counterfeiting;

2. Possession with intent to use the instruments or implements for counterfeiting or falsification
3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2. made in or introduced into the Philippines by another person.

ARTICLE 175. USING FALSE CERTIFICATES

1. That a false certificate mentioned in the preceding article was issued;

2. That the offender knew that the certificate was false;

3. That he used the same.

 CHAPTER TWO: OTHER FALSITIES
SECTION ONE: USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER USE OF NAMES, UNIFORMS
AND INSIGNIA
ARTICLE 177. USURPATION OF AUTHORITY OR OFFICIAL ARTICLE 178. USING FICTITIOUS NAME AND CONCEALING TRUE COMMONWEALTH ACT NO. 142, as amended by ARTICLE 179. ILLEGAL USE OF UNIFORM OR
FUNCTIONS NAME REPUBLIC ACT NO. 6085 An Act Regulating the INSIGNIA
Use of Aliases

Two offenses contemplated in Art. 177: Elements: (using fictitious name) 1. That the offender makes use of insignia,
General rule: No person shall use any name uniform or dress;
1. Usurpation of authority 1. That the offender uses a name other than his real name; different from the one with which he was
2. Usurpation of official functions 2. That he uses that fictitious name publicly; registered at birth in the office of the local civil 2. That the insignia, uniform or dress pertains
3. That the purpose of the offender is— registry, or with which he was registered in the to an office not held by the offender or to a
a. To conceal a crime; Bureau of Immigration upon entry, or such class of person of which he is not a
How committed: b. To evade the execution of a judgment; Or substitute name as may have been authorized by member; and
c. To cause damage to public interest. a competent court.
1. By knowingly misrepresenting oneself to be an 3. That said insignia, uniform or dress is used
officer, agent or representative of the government, publicly and improperly.
whether local, national or foreign; Elements: (Concealing true name) Exception: As pseudonym solely for literary,
cinema, television, radio or other entertainment
2. By performing any act pertaining to a person in 1. That the offender conceals: purposes and in athletic events where the use of
authority or public officer of the government under a. his true name, pseudonym is a normally accepted practice.
the pretense of official position and without b. b. all other personal circumstances;
authority.
2. That the purpose is only to conceal his identity.

The acts performed must pertain to:

1. The Government

2. To any person in authority

3. To any public officer

 SECTION TWO: FALSE TESTIMONY
ARTICLE 180. FALSE TESTIMONY AGAINST A ARTICLE 181. FALSE TESTIMONY ARTICLE 182. FALSE TESTIMONY IN ARTICLE 183 PERJURY Relevant – when it tends in any ARTICLE 184.
DEFENDANT FAVORABLE TO THE DEFENDANT CIVIL CASES reasonable degree to establish the OFFERING FALSE
probability or improbability of a fact in TESTIMONY IN
Two ways of committing perjury: issue. EVIDENCE
1. That there be a criminal proceeding; • The false testimony in favor 1. That the testimony must be
of the defendant need not given in a civil case; 1. By falsely testifying under Pertinent – when it concerns collateral
2. That the offender testifies falsely under oath directly influence the decision oath; matters which make more or less 1. That the
against the defendant therein; of the acquittal and it need 2. That the testimony must relate probable the proposition at issue. offender offered
not benefit the defendant. to the issues presented in said 2. By making a false affidavit. in evidence a
3. That the offender who gives false testimony case; Oath – any form of attestation by which false witness or
knows that it is false; • Conviction or acquittal of a person signifies that he is bound in testimony;
defendant in principal case is 3. That the testimony must be Elements: conscience to perform an act faithfully
4. That the defendant against whom the false not necessary. false; and truthfully. 2. That he knew
testimony is given is either acquitted or 1. That the accused made a the witness or
convicted in a final judgment. A defendant who falsely testifies in 4. That the false testimony must statement under oath or Affidavit – a sworn statement in testimony was
his own behalf in a criminal case be given by the defendant executed an affidavit upon a writing; a declaration in writing, made false;
can only be guilty of Art. 181 when knowing it to be false; material matter; upon oath before an authorized
False testimony – is committed by any person he voluntarily goes upon the magistrate or officer. 3. That the offer
who, being under oath, and required to testify as witness stand and falsely imputes 5. That the testimony must be 2. That the statement or was made in a
to the truth of a certain matter at a hearing before to some other person the malicious and given with an affidavit was made before a Competent person – a person who has judicial or
a competent authority, shall deny the truth or say commission of a grave offense. If intent to affect the issues competent officer a right to inquire into the questions official
something contrary to it. he merely denies the commission presented in said case. authorized to receive and presented to him upon matters under proceeding.
of the crime or his participation administer oath; his jurisdiction
therein, he should not be
Three forms of false Testimony prosecuted for false testimony. 3. That in that statement or Subornation of perjury – is committed
affidavit, the accused made by a person who knowingly and willfully
1. False Testimony in Criminal Cases (Art. 180-  Testimony must be complete. a willful and deliberate procures another to swear falsely and
181) assertion of a falsehood; he witness suborned does testify under
the circumstances rendering him guilty
2. False Testimony in Civil Cases (Art. 182) 4. That the sworn statement or of perjury.
affidavit containing the
3. False Testimony in other cases (Art. 183) falsity is required by law
 CHAPTER THREE: FRAUDS (Arts. 185-189)

ARTICLE 185. MACHI-NATIONS ARTICLE 186. MONOPOLIES AND The crime is committed by: ARTICLE 187. IMPORTATION REPUBLIC ACT NO. 455 REPUBLIC ACT NO. 9165
IN PUBLIC AUCTIONS COMBINATIONS IN RESTRAINT OF TRADE AND DISPOSITION OF FALSELY Law on Smuggling Comprehensive Dangerous Drugs
1) combining, MARKED ARTICLES OR Act of 2002 (Repealing RA No. 6425,
2) conspiring, or MERCHANDISE MADE OF GOLD, otherwise known as the Dangerous
Acts punishable: Acts punishable: 3) agreeing with any person. SILVER OR OTHER PRECIOUS Acts punishable: Drugs Act of 1972)
METALS OR THEIR ALLOYS
1. Soliciting any gift or promise as a 1. Combination or conspiracy to prevent 1. That the
consideration for refraining from free competition in market. By entering The purpose is: merchandise must Controlled precursors and essential
taking part in the public auction; into any contract or agreement or Articles or merchandise have been chemicals (CP/EC)
 That there be a public auction; taking part in any conspiracy or 1) to make transactions involved: fraudulently or
 That the accused solicited any combination in the form of a trust or prejudicial to lawful knowingly imported – include those listed in Tables I and
gift or a promise from any of otherwise, in restraint of trade or commerce, or 1. Gold, contrary to law; II of the 1988 UN Convention Against
the bidders; commerce or to prevent by artificial 2. Silver, Illicit Traffic in Narcotic Drugs and
 That such gift or promise was means free competition in the market. 2) to increase the market 3. Other precious metals, or 2. That the defendant if Psychotropic Substances
the consideration for his price of any merchandise 4. Their alloys. he is not the
refraining from taking part in 2. Monopoly to restrain free competition or object of commerce importer himself,
that public auction. in market. By monopolizing any manufactured, produced, must have received, Dangerous Drugs (DD) –
 That the accused had the intent merchandise or object of trade or processed, assembled or Elements: concealed, bought,
to cause the reduction of the commerce, or by combining with any imported into the sold or in any include those listed in the Schedules
price of the thing auctioned. other person or persons to monopolize Philippines. 1. That the offender imports, manner facilitated annexed to the 1961 Single
said merchandise or object in order to sells or disposes any of the transportation, Convention on Narcotic Drugs, as
2. Attempting to cause bidders to stay alter the prices thereof by spreading those articles; concealment, or sale amended by the 1972 Protocol, and
away from an auction by threats, false rumors or making use of any other of the merchandise in the Schedules annexed to the 1971
gifts, promises or any artifice. artifice to restrain free competition in 2. That the stamps, brands or and that he must be Single Convention on Psychotropic
the market. marks of those articles or shown to have Substances
a. That there be a public auction; merchandise fail to indicate knowledge that the
b. That the accused attempted to 3. Making transactions prejudicial to the actual fineness or quality merchandise had Notwithstanding the provisions of
cause the buyers to stay away lawful commerce or to increase the of said metal or alloy; been illegally the law to the contrary, a positive
from that public auction; market price of merchandise. The imported. finding for the use of dangerous
c. That it was done by threats, person liable is the: 3. That the offender knows drugs shall be a QUALIFYING
gifts, promises or any other that the stamps, brands, or AGGRAVATING CIRCUMSTANCE in
artifice. a. Manufacturer, marks fail to indicate the the commission of a crime by an
d. That the accused had the intent b. Producer, actual fineness or quality of offender, and the applicable penalty
to cause the reduction of the c. Processor, or said metal or alloy. provided for in the RPC shall be
price of the thing. d. Importer of any merchandise or applicable. (Sec. 25)
object of commerce.
 TITLE SIX: CRIMES AGAINST PUBLIC MORALS
(CHAPTER ONE REPEALED) CHAPTER TWO: OFFENSES AGAINST DECENCY AND GOOD CUSTOMS CHAPTER ONE:
PRELIMINARY
PROVISIONS

ARTICLE 200 GRAVE SCANDAL ARTICLE 201. IMMORAL DOCTRINES, OBSCENE ARTICLE 202 VAGRANTS AND Prostitutes – women who, for money or ARTICLE 203. WHO ARE PUBLIC
PUBLICATIONS AND EXHIBITIONS, AND INDECENT PROSTITUTES profit habitually indulge in sexual intercourse OFFICERS
1. That the offender performs an SHOWS or lascivious conduct.
act or acts.
Persons Liable: Dissolutes- lax, unrestrained, immoral Requisites:
2. That such act or acts be highly Persons Liable: Ruffians- violent or lawless individuals
scandalous as offending 1. Any person having no apparent means To be a public officer one must be –
against decency or good A. Those who shall publicly expound or proclaim of subsistence, who has the physical Persons Liable under PD 1563 or the
customs. doctrines openly and contrary to public morals. ability to work and who neglects to Mendicancy Law: 1. Taking part in the performance
apply himself to some lawful calling; - Mendicant himself of public functions in the
3. That the highly scandalous B. The authors of obscene literature, published with (Mendicant) - Any person who abets mendicancy by government, or performing in
conduct is not expressly falling their knowledge in any form; the editors publishing giving alms directly to mendicants, said Government or in any of
within any article of this Code. such literature; and the owners, operating the 2. Any person found loitering about exploited infants, and minors on public its branches public duties as an
establishment or selling the same. public or semipublic buildings or roads, sidewalks, parks and bridges. employee, agent or
4. That the act or acts places or tramping or wondering subordinate official, of any rank
complained of be committed C. Those who, in theaters, fairs, cinematographs or any about the country or the streets or class; and
in a public place or within the other place, exhibit indecent or immoral shows without visible means of support;
public knowledge or view. which are proscribed or are contrary to morals, good 2. That his authority to take part
customs, established policies, lawful orders, decrees 3. Any person who, not being included in in the performance of public
and edicts the provisions of other articles of this functions or to perform public
Code, shall be found loitering in any duties must be –
D. Those who shall sell, give away or exhibit films, inhabited or uninhabited place a. By direct provision of the
prints, engravings, sculpture or literature which are belonging to another without any law, or
offensive to morals lawful or justifiable purpose. b. By popular election, or
c. By appointment by
4. Prostitutes competent authority
The Test of Obscenity

The test is whether the tendency of the matter charged as

obscene, is to corrupt those whose minds are open to
such immoral influences, and into whose hands such a
publication may fall and also whether or not such
publication or act shocks the ordinary and common sense
of men as an indecency.
 TITLE SEVEN: CRIMES COMITTED BY A PUBLIC OFFICER
CHAPTER TWO: MALFEASANCE AND MISFEASANCE IN OFFICE
SECTION ONE: DERELICTION OF DUTY
Misfeasance – improper performance of RENDERED THROUGH NEGLIGENCE ARTICLE 207 MALICIOUS DELAY IN THE ARTICLE 208. PROSECUTION OF OFFENSES; ARTICLE 209 BETRAYAL OF TRUST
some act which might lawfully be done ADMINISTRATION OF JUSTICE NEGLIGENCE AND TOLERANCE BY AN ATTORNEY OR SOLI-CITOR —
1. That the offender is a judge; REVELATION OF SECRETS
Malfeasance – the performance of some act
which ought not to be done 2. That he renders a judgment in a case 1. That the offender is a judge; Acts punished:
submitted to him for decision; Acts punished:
Nonfeasance – omission of some act which 2. That there is a proceeding in court. 1. By maliciously refraining from instituting
ought to be performed 3. That the judgment is manifestly unjust; prosecution against violators of the law; 1. Causing damage to his client,
3. That he delays the either:
4. That it is due to his inexcusable administration of justice; 2. By maliciously tolerating the commission a. By any malicious breach of
ARTICLE 204 KNOWINGLY RENDERING negligence or ignorance. of a crime. professional duty; or
UNJUST JUDGMENT 4. That the delay is malicious, b. Inexcusable negligence or
that is, the delay is caused ignorance
ARTICLE 206 UNJUST INTERLOCUTORY by the judge with deliberate Elements:
1. That the offender is a judge; ORDER intent to inflict damage on 2. Revealing any of the secrets of
either party in the case. 1. That the offender is a public officer who his client learned by him in his
2. That he renders a judgment in a case 1. That the offender is a judge; has a duty to cause the prosecution of, professional capacity
submitted to him for decision; or to prosecute offenses;
2. That he performs any of the following Who Can Be Offenders in Art. 208? 3. Undertaking the defense of the
3. That the judgment is unjust; acts: 2. That knowing the commission of the opposing party in the same
1. Public officer crime, he does not cause the case without the consent of his
4. That the judge knows that his judgment a. Knowingly renders unjust Officers of the prosecution prosecution of the criminal or knowing first client after having
is unjust. interlocutory order or decree, or department, whose duty is to that a crime is about to be committed he undertaken the defense of said
b. Renders a manifestly unjust institute criminal proceedings tolerates its commission; and first client or after having
interlocutory order or decree upon being informed received confidential
through inexcusable negligence or 3. That the offender acts with malice and information from said client
ignorance. 2. Officer of the law deliberate intent to favor the violator of
By reason of position held by the law.
them are duty-bound to cause
prosecution and punishment of
offenders.
 SECTION TWO: BRIBERY
ARTICLE 210. DIRECT BRIBERY ARTICLE 211 INDIRECT BRIBERY

Acts Punished 1. That the offender is a public officer;

1. By agreeing to perform, or by performing in consideration of any offer, promise, gift or present, an act constituting 2. That he accepts gifts;
a crime, in connection with the performance of official duties.
3. That the said gifts are offered to him by reason of his office.
2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection
with the performance of his official duty.
ARTICLE 211-A QUALIFIED BRIBERY
3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of
a gift or promise. 1. Public officer entrusted with law enforcement

2. Offender refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion
Elements of direct bribery: perpetua and/or death

1. That the offender be a public officer; 3. Offender refrains in consideration of any promise, gift or present

2. That the offender accepts an offer or a promise or receives a gift or present by himself or through another;
ARTICLE 212 CORRUPTION OF PUBLIC OFFICIALS
3. That such offer or promise be accepted, or gift or present received by the public officer –

a. With a view to committing some crime; or 1. That the offender makes, offers or promises or gives gifts or presents to a public officer; and
b. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust; or
c. To refrain from doing something which it is his official duty to do; 2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will
make the public officer liable for direct bribery or indirect bribery.
4. That the act which the offender agrees to perform or which he executes be connected with the performance of his
official duties.
 CHAPTER THREE: FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

ARTICLE 213 FRAUD AGAINST THE TREASURY AND Elements of frauds against public treasury Elements of illegal exactions ARTICLE 216 POSSES-SION OF PROHIBITED INTEREST BY A
SIMILAR OF OFFENSES (Pars. 2-4): PUBLIC OFFICER
(Par. 1):
1. The offender is a public officer entrusted with the
Acts Punished 1. That the offender be a public officer; collection of taxes, licenses, fees and other imposts; Persons liable:

1. By entering into an agreement with any interested 2. That he should have taken advantage of his office, 2. He is guilty of any of the following acts or omissions: 1. Public officer who, directly or indirectly, became
party or speculator or making use of any other that is, he intervened in the transaction in his official 1. Demanding, directly or indirectly, the payment interested in any contract or business in which it was
scheme, to defraud the Government, in dealing with capacity; of sums different from or larger than those his official duty to intervene.
any person with regard to furnishing supplies, the authorized by law; or
making of contracts, or the adjustment or settlement 3. That he entered into an agreement with any 2. Failing voluntarily to issue a receipt, as provided 2. Experts, arbitrators, and private accountants who, in
of accounts relating to public property or funds interested party or speculator or madeuse of any by law, for any sum of money collected by him like manner, took part in any contract or transaction
other scheme with regard to officially; or connected with the estate or property in the
2. By demanding, directly or indirectly, the payment of 3. Collecting or receiving, directly or indirectly, by appraisal, distribution or adjudication of which they
sums different from or larger than those authorized a. Furnishing supplies way of payment or otherwise, things or objects had acted.
by law, in the collection of taxes, licenses, fees, and b. The making of contracts, or of a nature different from that provided by law.
other imposts c. The adjustment or settlement of accounts 3. Guardians and executors with respect to the property
relating to public property or funds; belonging to their wards or the estate.
3. By failing voluntarily to issue a receipt, as provided ARTICLE 214 OTHER FRAUDS
by law, for any sum of money collected by him 4. That the accused had intent to defraud the
officially, in the collection of taxes, licenses, fees and Government
other imposts 1. That the offender is a public officer;

4. By collecting or receiving, directly or indirectly, by 2. That he takes advantage of his official position;
way of payment or otherwise, things or objects of a
nature different from that provided by law, in the 3. That he commits any of the frauds or deceits
collection of taxes, licenses, fees and other imposts enumerated in Arts. 315 to 318 (estafa, other forms
of swindling, swindling a minor, and other deceits).
 CHAPTER FOUR: MALVERSATION OF PUBLICFUNDS OR PROPERTY

ARTICLE 217. ALVERSATION OF PUBLIC FUNDS OR ARTICLE 218 FAILURE OF ACCOUNTABLE ARTICLE 219. FAILURE OF ARTICLE 220. ILLEGAL USE OF ARTICLE 221. FAILURE TO ARTICLE 222. OFFICERS
PROPERTY: PRESUMPTION OF MALVERSATION OFFICER TO RENDER ACCOUNTS RESPONSIBLE PUBLIC OFFICER TO PUBLIC FUNDS OR PROPERTY MAKE DELIVERY OF PUBLIC INCLUDED IN THE
RENDER ACCOUNTS BEFORE FUNDS OR PROPERTY PRECEDING PROVISIONS
LEAVING THE COUNTRY
Acts punished: 1. That the offender is a public officer, (Technical Malversation)
whether in the service or separated Acts Punished Private individuals who may
1. By appropriating public funds or property. therefrom. 1. That the offender is a public 1. That the offender is a be liable under Art. 217-221:
officer; public officer; 1. By failing to make
2. By taking or misappropriating the same. 2. That he must be an accountable officer payment by a public 1. Private individuals who,
for public funds or property. 2. That he must be an accountable 2. That there is a public fund officer who is under in any capacity
3. By consenting, or through abandonment or officer for public funds or or property under his obligation to make such whatsoever, have charge
negligence, permitting any other person to 3. That he is required by law or regulation property; administration; payment from of any national,
take such public funds or property. to render accounts to the Commission Government funds in his provincial or municipal
on Audit, or to a provincial auditor. 3. That he must have unlawfully 3. That such public fund or possession. funds, revenue or
4. By being otherwise guilty of the left (or be on the point of property has been property
misappropriation or malversation of such 4. That he fails to do so for a period of leaving) the Philippines without appropriated by law or Elements:
funds or property. two months after such accounts should securing from the Commission ordinance; 2. Administrator,
be rendered. on Audit a certificate showing 1. Public officer has depository of funds or
that his accounts have been 4. That he applies the same government funds in his property attached,
Common elements: finally settled. to a public use other than possession. seized, or deposited by
Malversation of Public Funds by Private that for which such funds public authority even if
1. That the offender be a public officer. Individual: or property has been 2. He is under obligation to such property belongs to
appropriated by law or make payment from such a private individual
2. That he had custody or control of funds or 1. When a private person conspired with a ordinance. funds. (example: sheriffs and
property by reason of the duties of his office public officer to commit malversation. receivers)
3. He fails to make the
3. That those funds or property were public funds 2. When he is an accomplice or accessory. payment, maliciously.
or property for which he was accountable
3. Where a private person was constituted 2. By refusing to make
4. That he appropriated, took, misappropriated a custodian in whatever capacity even delivery by a public officer
or consented, or through abandonment or without a public officer involved and he who has been ordered by
negligence, permitted another person to take misappropriated the same. competent authority to
them. deliver any property in his
custody or under his
administration
 CHAPTER FIVE: INFIDELITY OF PUBLIC OFFICERS
SECTION ONE: DISOBEDIENCE, REFUSAL OF ASS ISTANCE, AND MALTREATMENT OF PRISONERS
ARTICLE 223. CONNIVING ARTICLE 224. EVASION THROUGH ARTICLE 226 ARTICLE 227 OFFICER BREAKING ARTICLE 229 REVELATION OF SECRETS BY AN OFFICER ARTICLE 230. PUBLIC OFFICER
WITH OR CONSENTING TO NEGLIGENCE REMOVAL, SEAL REVEALING SECRETS OF
EVASION CONCEALMENT, OR Acts punished: PRIVATE INDIVIDUAL
DESTRUCTION OF
1. That the offender is a public DOCUMENTS 1. That the offender is a public 1. By revealing any secret known to the offending public officer
1. That the offender is a officer; (Infidelity in the officer; by reason of his official capacity. 1. That the offender is a
public officer; Custody of Documents) public officer;
2. That he is charged with the 2. That he is charged with the 2. By delivering wrongfully papers or copies of papers of which
2. That he had in his conveyance or custody of a custody of papers or he may have charge and which should not be published. 2. That he knows of the
custody or charge, a prisoner, either detention prisoner 1. That the offender property; secrets of a private
prisoner, either or prisoner by final judgment; be a public officer; Elements of No. 1: individual by reason of his
detention prisoner or 3. That these papers or property office;
prisoner by final 3. That such prisoner escapes 2. That he removes, are sealed by proper 1. That the offender is a public officer;
judgment; through his negligence. conceals or authority; 3. That he reveals such
destroys 2. That he knows of the secret by reason of his official capacity; secrets without authority
3. That such prisoner documents or 4. That he breaks the seals or or justifiable reason.
escaped from his ARTICLE 225. ESCAPE OF PRISONER papers; permits them to be broken. 3. That he reveals such secret without authority or justifiable
custody; UNDER THE CUSTODY OF A PERSON reasons;
NOT A PUBLIC OFFICER 3. That the said
4. That he was in documents or ARTICLE 228. OPENING OF 4. That damage, great or small, be caused to public interest.
connivance with the papers should CLOSED DOCUMENTS
prisoner in the latter’s 1. That the offender is a private have been Elements of No. 2:
escape. person; entrusted to such
public officer by 1. That the offender is a public 1. That the offender is a public officer;
2. That the conveyance or custody of reason of his officer.
Classes of prisoner involved: a prisoner or person under arrest office; 2. That he has charge of papers;
is confided to him; 2. That any closed papers,
1. If the fugitive has been 4. That damage, documents, or objects are 3. That those papers should not be published;
sentenced by final 3. That the prisoner or person under whether serious or entrusted to his custody.
judgment to any penalty. arrest escapes; not, to a third 4. That he delivers those papers or copies thereof to a third
party or to the 3. That he opens or permits to person;
2. If the fugitive is held only 4. That the offender consents to the public interest be opened said closed papers,
as detention prisoner for escape of the prisoner or person should have been documents, or objects. 5. That the delivery is wrongful; And
any crime or violation of under arrest, or that the escape caused
law or municipal takes place through his negligence 4. That he does not have the 6. That damage be caused to public interest
ordinance. proper authority.
 CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
SECTION ONE: DISOBEDIENCE, REFUSAL OF ASSISTANCE AND MALTREATME NT OF PRISONERS
ARTICLE 231 OPEN DISOBEDIENCE ARTICLE 232. DISOBEDIENCE TO ORDER OF ARTICLE 233 REFUSAL OF ASSISTANCE ARTICLE 234. REFUSAL TO DISCHARGE ARTICLE 235. MALTREATMENT OF PRISONERS
SUPERIOR OFFICER WHEN SAID ORDER WAS ELECTIVE OFFICE
SUSPENDED BY INFERIOR OFFICER
1. That the offender is a judicial or executive 1. That the offender is a public officer. 1. That the offender is a public officer or
officer; 1. That the offender is elected by employee;
1. That the offender is a public officer; 2. That a competent authority demands popular election to a public office;
2. That there is a judgment, decision or from the offender that he lends his 2. That he has under his charge a prisoner
order of a superior authority; 2. That an order is issued by his superior for cooperation towards the administration 2. That he refuses to be sworn in or to convicted by final judgment or a detention
execution; of justice or other public service. discharge the duties of said office; prisoner;
3. That such judgment, decision or order was and
made within the scope of the jurisdiction 3. That he has for any reason suspended the 3. That the offender fails to do so 3. That he maltreats such prisoner in either
of the superior authority and issued with execution of such order; maliciously. 3. That there is no legal motive for of the following manners:
all legal formalities; such refusal to be sworn in or to
4. That his superior disapproves the discharge the duties of said office. a. By overdoing himself in the correction
4. That the offender without any legal suspension of the execution of the order; handling of a prisoner or detention
justification openly refuses to execute prisoner under his charge either:
said judgment, decision or order, which he 5. That the offender disobeys his superior
is duty bound to obey despite the disapproval of the suspension. i. by the imposition of punishments not
authorized by the regulations, or
ii. by inflicting such punishments (those
authorized) in a cruel and humiliating
manner; or

b. By maltreating such prisoner to extort

a confession or to obtain some
nformation from the prisoner.
 SECTION TWO: ANTICIPATION, PROLONGATION AND ABANDONMENT OF THE DUTIES AND POWERS OF PUBLIC OFFICE
ARTICLE [Link] OF DUTIES OF A PUBLIC OFFICE ARTICLE 237. PROLONGING PERFORMANCE OF DUTIES AND POWERS ARTICLE 238 ABANDONMENT OF OFFICE

1. That the offender is entitled to hold a public office or employment, either 1. That the offender is holding a public office; 1. That the offender is a public officer;
by election or appointment;
2. That the period provided by law, regulations or special provisions for 2. That he formally resigns from his position; · There must be written or
2. That the law requires that he should first be sworn in and/or should first holding such office, has already expired; formal resignation
give a bond;
3. That he continues to exercise the duties and powers of such office. 3. That his resignation has not yet been accepted;
3. That he assumes the performance of the duties and powers of such
office; 4. That he abandons his office to the detriment of the public service.

4. That he has not taken his oath of office and/or given the bond required Qualifying circumstance – when the abandonment of the office has for its
by law. purpose to evade the discharge of the duties of preventing, prosecuting or
punishing any of the crimes falling within Title 1 and Chapter 1 Title 3 of Book
2 of this Code
 SECTION THREE: USURPATION OF POWERS AND UNLAWFUL APPOINTMENT SECTION FOUR: ABUSES AGAINST CHASTITY
ARTICLE 239. USURPATION OF LEGISLATIVE ARTICLE 2 41. USURPATION OF ARTICLE 243. ORDERS OR REQUESTS BY ARTICLE 245. ABUSES AGAINST CHASTITY – Elements:
POWER JUDICIAL FUNCTIONS EXECUTIVE OFFICERS TO ANY JUDICIAL PENALTIES
AUTHORITY 1. That the offender is a public
1. That the offender is an executive or judicial Ways of committing abuses against chastity: officer;
officer; 1. That the offender is an officer of
the executive branch of the 1. That the offender is an executive officer; 1. By soliciting or making immoral or indecent 2. That he solicits or makes immoral
2. That he: Government; advances to a woman interested in the matters or indecent advances to a woman;
a. Makes general rules or regulations beyond 2. That he addresses any order or suggestion pending before the offending officer for
the scope of his authority or 2. That he: to any judicial authority; decision, or with respect to which he is 3. That such woman must be:
b. Attempts to repeal a law or a. Assumes judicial powers; or required to submit a report to or consult with a
c. Suspends the execution thereof. b. Obstructs the execution of 3. That the order or suggestion relates to any superior officer. a. Interested in matters pending
any order or decision case or business coming within the before the offender for
rendered by any judge exclusive jurisdiction of the courts of justice 2. By soliciting or making immoral or indecent decision, or with respect to
ARTICLE 240. USURPATION OF EXECUTIVE within his jurisdiction. advances to a woman under the offender’s which he is required to submit
FUNCTIONS custody. a report to or consult with a
ARTICLE 244 UNLAWFUL APPOINTMENTS superior officer; or
ARTICLE 242. DISOBEYING REQUEST 3. By soliciting or making immoral or indecent
1. That the offender is a judge; FOR DISQUALIFICATION advances to the wife, daughter, sister or b. Under the custody of the
1. That the offender is a public officer; relative within the same degree by affinity of offender who is a warden or
2. That he: any person in the custody of the offending other public officer directly
a. Assumes a power pertaining to the 1. That the offender is a public 2. That he nominates or appoints a person to warden or officer. charged with the care and
executive authorities; or officer; a public office; custody of prisoners or
b. b. Obstructs the executive authorities in persons under arrest; or
the lawful exercise of their powers 2. That a proceeding is pending 3. That such person lacks the legal
before such public officer; qualifications therefor; c. The wife, daughter, sister or
relative within the same
3. That there is a question brought 4. That the offender knows that his nominee degree by affinity of the
before the proper authority or appointee lacks the qualification at the person in the custody of the
regarding his jurisdiction, which is time he made the nomination or offender.
not yet decided; appointment.

4. That he has been lawfully required

to refrain from continuing the
proceeding;

5. That he continues the proceeding.

 TITLE EIGHT: CRIMES AGAINST PERSONS
SECTION ONE: PARRICIDE, MURDER, HOMICIDE
ARTICLE 246. PARRICIDE ARTICLE 248. MURDER Elements: ARTICLE 250. PENALTY FOR FRUSTRATED ARTICLE 252. PHYSICAL INJURIES
1. That a person was killed; PARRICIDE, MURDER, OR HOMICIDE INFLICTED IN A TUMULTUOUS AFFRAY
1. That a person is killed; Murder – unlawful killing of any 2. That the accused killed him;
2. That the deceased is killed by the accused; and person which is not parricide or 3. That the killing was attended by any of the • Courts may impose a penalty two degrees 1. That there is a tumultuous affray
3. That the deceased is the father, mother, or infanticide, provided that any of the qualifying circumstances mentioned in Art. lower for frustrated parricide, murder or as referred to in Art. 251;
child, whether legitimate or illegitimate, or a following circumstances is present: 248; and homicide. 2. That a participant or some
legitimate other ascendant or other 4. That the killing is not parricide or • Courts may impose a penalty three degrees participants thereof suffer serious
descendant, or the legitimate spouse, of the 1. With treachery, taking infanticide. lower for attempted parricide, murder or physical injuries or physical injuries
accused. advantage of superior strength, homicide. of a less serious nature only;
with the aid of armed men, or Rules for the application of the circumstances • This provision is permissive NOT MANDATORY. 3. That the person responsible
Cases of parricide when the penalty shall NOT be employs means to weaken the which qualify the killing to murder: therefor cannot be identified; and
reclusion perpetua to death: defense, or of means or persons ARTICLE 251. DEATH CAUSED IN A TUMULTUOUS 4. That all those who appear to have
to insure or afford impunity; 1. That murder will exist with only one of the AFFRAY used violence upon the person of
• Parricide through negligence (Art. 365). 2. In consideration of a price, circumstances described in Art. 248. the offended party are known.
• Parricide by mistake (Art. 249). reward or promise; 2. Where there are more than one qualifying 1. That there be several persons;
• Parricide under exceptional circumstances (Art. 3. By means of inundation, fire, circumstance present, only one will qualify 2. That they did not compose groups organized ARTICLE 253. GIVING ASSISTANCE TO
247). poison, shipwreck, stranding of the killing, with the rest to be considered as for the common purpose of assaulting and SUICIDE
• The child should not be less than 3 days old; a vessel, derailment or assault generic aggravating circumstances. attacking each other reciprocally, otherwise,
otherwise the crime is infanticide (Art. 255) upon a railroad, fall of an 3. That when the other circumstances are they may be held liable as co-conspirators; Acts punished:
airship, by means of motor absorbed or included in one qualifying 3. That these several persons quarreled and
ARTICLE 247. DEATH OR PHYSICAL INJURIES vehicles, or with the use of any circumstance, they cannot be considered as assaulted one another in a confused and 1. By assisting another to commit
INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES other means involving great generic aggravating. tumultuous manner; suicide, whether the suicide is
waste and ruin; 4. That any of the qualifying circumstances 4. That someone was killed in the course of the consummated or not;
1. That a legally married person or a parent 4. On occasion of any calamities enumerated in Art. 248 must be alleged in affray; 2. By lending his assistance to
surprises his spouse or his daughter, the latter enumerated in the preceding the Information 5. That it cannot be ascertained who actually another to commit suicide to the
under 18 years of age and living with him, in paragraph, or of an earthquake, killed the deceased; and extent of doing the killing himself.
the act of committing sexual intercourse with eruption of a volcano, ARTICLE 249. HOMICIDE 6. That the person or persons who inflicted
another person; destructive cyclone, epidemic, serious physical injuries or who used violence
2. That he or she kills any or both of them, or or any other public calamity; Elements: can be identified. ARTICLE 254 DISCHARGE OF FIREARMS
inflicts upon any or both of them any serious 5. With evident premeditation; or 1. That a person was killed;
physical injury, in the act or immediately 6. With cruelty, by deliberately and 2. That the accused killed him without any Persons liable: 1. That the offender discharges a
thereafter; and Inhumanly augmenting the justifying circumstance; firearm against or at another
3. That he has not promoted or facilitated the suffering of the victim, or 3. That the accused had the intention to kill, 1. The person or persons who inflicted the person; and
prostitution of his wife or daughter, or that he outraging or scoffing at his which is presumed; and serious physical injuries are liable. 2. That the offender has no intention
or she has not consented to the infidelity of person or corpse. (As amended 4. That the killing was not attended by any of 2. If it is not known who inflicted the serious to kill that person.
others. by RA No. 7659) the qualifying circumstances of murder, or physical injuries on the deceased - ALL the
by that of parricide or infanticide. persons who used violence upon the person of
the victim are liable, but with lesser liability.
 SECTION TWO: INFANTICIDE AND ABORTION
ARTICLE 255 INFANTICIDE ARTICLE 256 INTENTIONAL ABORTION ARTICLE 257. UNINTENTIONAL ABORTION ARTICLE 258. ABORTION PRACTICED BY THE ARTICLE 259. ABORTION PRACTICED BY A
Ways of Committing Intentional Abortion: WOMAN HERSELF OR HER PARENTS PHYSICIAN OR MIDWIFE IN DISPENSING OF
ABORTIVES
Elements: 1. That there is a pregnant woman;
1. By using any violence upon the person of 1. That there is a pregnant woman who has
1. That a child was killed; the pregnant woman; 2. That violence is used upon such suffered an abortion; Elements:
pregnant woman without intending an
2. That the deceased child was less than 2. By acting, without using violence and abortion; 2. That the abortion is intended; and 1. That there is a pregnant woman who has
three days (72 hours) of age; and without the consent of the woman (by suffered an abortion;
administering drugs or beverages upon 3. That the violence is intentionally 3. That the abortion is caused by –
3. That the accused killed the said child. such pregnant woman without her exerted; and a. The pregnant woman herself; 2. That the abortion is intended;
consent; and b. Any other person, with her consent;
4. That as a result of the violence, the fetus or 3. That the offender, who must be a
Person liable in Intentional Abortion: 3. By acting, with the consent of the dies, either in the womb or after having c. Any of her parents, with her physician or midwife, causes, or assists in
pregnant woman, by administering drugs been expelled therefrom. consent, for the purpose of causing the abortion; and
1. The person who intentionally caused the or beverages. concealing her dishonor.
abortion under Art. 256; 4. That said physician or midwife takes
Elements: advantage of his or her scientific
2. The pregnant woman if she consented knowledge or skill.
under Art. 258. 1. That there is a pregnant woman;

2. That violence is exerted, or drugs or As to PHARMACISTS, the ELEMENTS are:

beverages administered, or that the
accused otherwise acts upon such 1. That the offender is a pharmacist;
pregnant woman; 2. That there is no proper prescription from
a physician; and
3. That as a result of the use of violence or 3. That the offender dispenses any
drugs or beverages upon her, or any abortive.
other act of the accused, the fetus dies,
either in the womb or after having been
expelled therefrom; and

4. That the abortion is intended.

 SECTION THREE: DUEL
ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL ARTICLE 261 CHALLENGING TO A DUEL

Acts punished: Acts Punished

1. By killing one’s adversary in a duel; 1. By challenging another to a duel;

2. By inflicting upon such adversary physical injuries; and 2. By inciting another to give or accept a challenge to a duel; and

3. By making a combat although no physical injuries have been inflicted. 3. By scoffing or decrying another publicly for having refused to accept a challenge to fight a duel.

Persons liable: Persons liable:

1. The person who killed or inflicted physical injuries upon his adversary or both combatants in any other case, as 1. Challenger
principals.
2. Instigators
2. The seconds, as accomplices.
 CHAPTER TWO: PHYSICAL INJURIES

ARTICLE 262 MUTILATION ARTICLE 263. SERIOUS PHYSICAL INJURIES 4. When the injured person becomes ill or ARTICLE 265 LESS SERIOUS PHYSICAL INJURIES
incapacitated for labor for more than 30 days (but
must not be more than 90 days), as a result of the
Two kinds: How committed: physical injuries inflicted. 1. The offended party is incapacitated for labor for 10
days or more but not more than 30 days, or needs
1. By intentionally mutilating another by depriving him, 1. By wounding; Requisites of deformity: attendance for the same period; and
either totally or partially, of some essential organ for
reproduction (castration). 2. By beating; 1. Physical ugliness; 2. The physical injuries must not be those described in
2. Permanent and definite abnormality; and the preceding articles.
3. By assaulting; or 3. Must be conspicuous and visible.
Elements:
4. By administering injurious substance. Qualified Less Serious Physical Injuries:
a. That there be castration, that is, mutilation of Qualifying Circumstances:
organs necessary for generation, such as penis 1. A fine not exceeding P500, in addition to arresto
or ovarium; and Serious physical injuries 1. Offense committed against persons enumerated mayor, shall be imposed for less serious physical
in the crime of parricide. injuries when:
b. That the mutilation is caused purposely and 1. When the injured person becomes insane, imbecile, 2. With the attendance of circumstance which a. There is manifest intent to insult or offend the
deliberately, that is, to deprive the offended impotent or blind in consequence of the physical qualify the crime to murder. injured person; or
party of some essential organ for reproduction. injuries inflicted; b. There are circumstances adding ignominy to the
offense.
2. By intentionally making other mutilation, that is, by 2. When the injured person – ARTICLE 264 ADMINISTERING INJURIOUS SUBSTANCE OR
lopping or clipping off any part of the body of the i. Loses the use of speech or the power to hear or BEVERAGES 2. A higher penalty is imposed when the victim is either:
offended party, other than the essential organ for to smell, or loses an eye, a hand, a foot, an arm, a. The offender’s parent, ascendant, guardian,
reproduction, to deprive him of that part of the body or a leg; curator or teacher; or
(mayhem). ii. Loses the use of any such member; or 1. That the offender inflicted upon another any serious b. Persons of rank or persons in authority,
iii. Becomes incapacitated for the work in which he physical injury; provided the crime is not direct assault.
was therefore habitually engaged, in
consequence of the physical injuries inflicted. 2. That it was done by knowingly administering to him
any injurious substances or beverages or by taking The law includes 2 subdivisions, to wit:
3. When the person injured – advantage of his weakness of mind or credulity; and
a. Becomes deformed, or 1. The inability for work; and
b. Loses any other member of his body, or 3. That he had no intent to kill.
c. Loses the use thereof, or 2. The necessity for medical attendance
d. Becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted.
 ARTICLE 266 SLIGHT PHYSICAL INJURIES AND MALTREATMENT Persons liable:

1. Officers and members of the fraternity, sorority or organization who actually participated in the infliction of
Kinds: physical harm shall be liable as principals – if the person subjected to hazing suffers any physical injury or dies as a
result thereof.
1. Physical injuries which incapacitated the offended party from one to nine days, or required medical attendance
during the same period; 2. Owner of the place where the hazing is conducted shall be liable as an accomplice – when he has actual knowledge
of the hazing conducted therein but failed to take any action to prevent the same from occurring.
2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not
require medical attendance; and
3. Parents shall be liable as principals – when they have actual knowledge of the hazing conducted in the home of
3. Ill-treatment of another by deed without causing any injury. one of the officers or members of the fraternity, sorority or organization, but failed to prevent the same.

4. School authorities and faculty members shall be liable as accomplices - when they consent to the hazing or have
ANTI-HAZING LAW (R.A. No. 8049) actual knowledge thereof, but failed to take any action to prevent the same from occurring.

Hazing – is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as 5. Officers, former officers or alumni of the organization, group, fraternity or sorority shall be liable as principals – if
forcing him to do menial, silly, foolish, and similar activities or otherwise subjecting him to physical or psychological they actually planned the hazing, although not present when the acts constituting the hazing were committed.
suffering or injury. acts are punishable: All acts so long as it caused physical injuries at the very least.
6. Officers or members of the organization, group, fraternity or sorority shall be liable as principals - if they knowingly
cooperated in carrying out the hazing by inducing the victim to be present thereat.

7. The fraternity or sorority’s adviser shall be liable as principal - if he was present when the acts constituting the
hazing were committed and failed to take any action to prevent the same.
 CHAPTER THREE: RAPE

ART. 266-A ANTI-RAPE How rape is committed: 2. By any person who, under ARTICLE 266-B QUALIFIED RAPE 8. When the victim is a religious ARTICLE 266-C EFFECT OF PARDON
LAW any of the circumstances Rape under both acts of committing it is engaged in legitimate religious
1. By a man who shall have carnal mentioned in paragraph 1 qualified by the following: vocation or calling and is personally
knowledge of a woman under any hereof, shall commit an act known to be such by the offender Effects of pardon:
Classification of Rape of the following circumstances: of sexual assault by before or at the time of the
a. Through force, threat or inserting his penis into Note: Rape is punishable by death if it commission of the crime; 1. The subsequent valid marriage
1. Traditional Rape intimidation; another person’s mouth or falls under any of 4-14 circumstances. 9. When the victim is a child below 7 between the offender and the offended
under Art. 335- b. When the offended party is anal orifice of another years old; party shall extinguish:
carnal knowledge deprived of reason or person, or any instrument 1. When rape is committed with the 10. When the offender knows that he is a. The criminal action or
with a woman otherwise unconscious; or object, into the genital use of a deadly weapon or by two afflicted with HIV/AIDS or any other b. The penalty already imposed.
against her will; in c. By means of fraudulent or anal orifice of another or more persons; sexually transmissible disease and
this case, the machinations or grave abuse of person. 2. When by reason or occasion of the virus or disease is transmitted 2. The subsequent forgiveness of the wife
offender is always a authority; rape, the victim has become insane; to the victim; to the legal husband shall extinguish
man and the d. When the offended party is Elements: 3. When the rape is attempted and a 11. When committed by any member of the criminal action or the penalty,
offended party is under twelve (12) years of age homicide is committed by reason of the AFP or paramilitary units PROVIDED that the crime shall not be
always a woman. or is demented, even though a. That the offender commits or on the occasion of rape (special thereof of the PNP or any law extinguished or the penalty shall not be
none of the circumstances an act of sexual assault; complex crime); enforcement agency or penal abated if the marriage is void ab initio.
2. Sexual Assault under mentioned above be present. b. That the act of sexual 4. When by reason of or on occasion institution, when the offender took (This is an exception to the rule that
R.A. 8353- this is assault is committed by any of rape, homicide is committed advantage of his position to forgiveness by the offended party shall
committed when the Elements: of the following means: (special complex crime) facilitate the commission of the not extinguish the penal action in
offender inserts his i. By inserting his penis 5. When the victim is under 18 years crime; crimes against person)
penis to another a. That the offender is a man; into another person’s of age and the offender is a parent, 12. When by reason or on the occasion
person’s mouth or b. That the offender had carnal mouth or anal orifice; ascendant, stepparent, guardian, of the rape, the victim has suffered
anal orifice or by knowledge of a woman; ii. By inserting any relative by consanguinity or affinity permanent physical mutilation or ARTICLE 266-D PRESUMPTIONS Evidence
inserting an c. That such act is accomplished under instrument or object within the third civil degree, or the disability; which may be accepted in the prosecution
instrument or object any of the following circumstances: into the genital or anal common law spouse of the parent 13. When the offender knew of the of rape:
into the genital or i. By using force or intimidation, orifice of another of the victim; pregnancy of the offended party at
anal orifice of or person 6. When the victim is under the the time of the commission of the
another person. The ii. When the woman is deprived c. That the act of sexual custody of the police or military crime; 1. Any physical overt act manifesting
offender and of reason or otherwise assault is accomplished authorities or any law enforcement 14. When the offender knew of the resistance against the act of rape in any
theoffender can unconscious, or under any of the or penal institution; mental disability, emotional degree from the offended party; or
either be a man or a iii. By means of fraudulent circumstances enumerated 7. When the rape is committed in full disorder and/or physical disability
woman in the case of machination or grave abuse of under the first act of view of the spouse, parent, or any of the offended party at the time of 2. Where the offended party is so situated
the insertion of any authority, or iv. When the committing rape. of the children or other relatives the commission of the crime. as to render him/her incapable of giving
instrument or object. woman is under 12 years of within the third civil degree of his/her consent
age or demented. consanguinity;
 TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

SECTION ONE: ILLEGAL DETENTION SECTION TWO: KIDNAPPING

OF MINORS
ARTICLE 267 KIDNAPPING AND SERIOUS Qualifying circumstances: Death Penalty is ARTICLE 268 SLIGHT ILLEGAL DETENTION ARTICLE 269 UNLAWFUL ARREST ARTICLE 270 FAILURE TO RETURN A MINOR
ILLEGAL DETENTION imposed (KERT)

a. If the purpose is to extort ransom Elements: (PIKO) 1. That the offender arrests or detains 1. That the offender is entru sted with the
Elements: (PICK) another person custody of a minor person (less than 18
b. When the victim is killed or dies a 1. That the offender is a private individual; years old);
1. That the offender is a private individual consequence of the detention; 2. That the purpose of the offender is to
who is not any of the parents of the 2. That he kidnaps or detains another, or in deliver him to the proper authorities 2. That he deliberately fails to restore the
victim nor a female; c. When the victim is raped; or any manner deprives him of his liberty; said minor to his parents or guardian
3. That the arrest or detention is
2. That he kidnaps or detains another, or in d. When the victim is subjected to torture unauthorized by law or there is no
any other manner deprives the latter of or dehumanizing act. 3. That the act of kidnapping or detention reasonable ground therefor. ARTICLE 271 INDUCING A MINOR TO
his liberty; is illegal; ABANDON HIS HOME

3. That the act of detention or kidnapping 4. That the crime is committed without the
must be illegal; attendance of the circumstances 1. That a minor (less than 18 years old) is
enumerated in Art. 267. living in the home of his parents or
4. That in the commission of the offense, guardian or the person entrusted with
any Of the following circumstances is his custody;
present: Liability is mitigated when the following
a. That the kidnapping or detention circumstances concur: (VOB) 2. That the offender induces said minor to
lasts for more than 3 days; or abandon such home
b. That it is by committed simulating 1. Offender voluntarily releases the person
public authority; or so kidnapped or detained within three
c. That any serious physical injuries days from the commencement of the
are inflicted upon the person detention.
kidnapped or detained or threats to
kill him are made; or 2. Without having attained the purpose
d. That the person kidnapped or intended; and 3. Before the institution of
detained is a minor, female, or criminal proceedings against him.
 SECTION THREE: SLAVERY AND SERVITUDE
ARTICLE 272. SLAVERY (PE) TICLE 274. SERVICES RENDERED UNDER COMPULSION IN PAYMENT (CAP)

1. That the offender purchases, sells, kidnaps or detains a human being; 1. That the offender compels a debtor to work for him, either as household servant or farm laborer;

2. That the purpose of the offender is to enslave such human being. 2. That it is against the debtor’s will;

Qualifying circumstance: 3. That the purpose is to require or enforce the

When the purpose of the offender is to assign the offended party to some immoral traffic.

ARTICLE 273 EXPLOITATION OF CHILD LABOR (RAR-age)

1. That the offender retains a minor in his service;

2. That it is against the will of the minor;
3. That it is under pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted
with the custody of such minor.
 CHAPTER TWO: CRIMES AGAINST SECUIRTY
SECTION ONE: ABANDONMENT OF HELPLESS PERSONS AND EXPLOITATION OF MINORS SECTION TWO: TRESPASS TO DWELLING
ARTICLE 275. ABANDONMENT OF PERSONS IN DANGER AND ARTICLE 276. ABANDONING A MINOR (SCAN) ARTICLE 280. QUALIFIED TRESPASS TO DWELLING (PEA)
ABANDONMENT OF ONE’S OWN VICTIM
1. That the offender has the custody of a child;
Acts punished: 2. That the child is under seven years of age. 1. That the offender is a private person;
3. That he abandons such child; 2. That he enters the dwelling of another;
1. By failing to render assistance to any person whom the offender finds in 4. That he has no intent to kill the child when the latter is abandoned. 3. That such entrance is against the latter’s will.
an uninhabited place wounded or in danger of dying when he can render
such assistance without detriment to himself, unless such omission shall Circumstances Qualifying the Offense: (DD) Qualifying Circumstance: If committed by means of violence/intimidation.
constitute a more serious offense.
1. When the death of the minor resulted from such abandonment; or Rule: Whoever enters the dwelling of another at late hour of the night after
Elements: (UWOF) the inmates have retired and closed their doors does so against their will.
1. The place is uninhabited; 2. If the life of the minor was in danger Prohibition in this case is presumed.
2. The accused found there a person wounded or in danger of dying;
3. The accused can render assistance without detriment to himself; Cases to which the provision of this article is NOT applicable:
4. The accused fails to render assistance.
ARTICLE 279. ADDITIONAL PENALTIES FOR OTHER OFFENSES 1. If the entrance to another’s dwelling is made for the purpose of
2. By failing to help or render assistance to another whom the offender has preventing some serious harm to himself, the occupants of the dwelling
accidentally wounded or injured. or a third person.
3. By failing to deliver a child under seven years of age whom the offender (Imposition of the penalties prescribed in the preceding articles (Art 275-278) 2. If the purpose is to render some service to humanity or justice.
has found abandoned, to the authorities or to his family, or by failing to shall not prevent the imposition upon the same person of the penalty 3. If the place where entrance is made is a café, tavern, inn and other public
take him to a safe place. provided for any other house, while the same are open.
felonies defined and punished
under the Code.)
ARTICLE 281 OTHER FORMS OF TRESPASS (CUMN)

1. That the offender enters the closed premises or the fenced estate of
another
2. That the entrance is made while either of them is uninhabited;
3. That the prohibition to enter be manifest;
4. That the trespasser has not secured the permission of the owner or the
caretaker thereof.
 SECTION THREE: THREATS AND COERCION
ARTICLE 282. GRAVE THREATS Qualifying Circumstance: If threat was made in writing or through a ARTICLE 283. LIGHT THREATS (TNDA/N)
middleman.
1. That the offender makes a threat to commit a wrong;
Acts punished: Elements of Grave Threats where the offender attained his purpose: (TCDA)
2. That the wrong does not constitute a crime;
1. By threatening another with the infliction upon his person, honor, or 1. That the offender threatens another person with the infliction upon the
property or that of his family of any wrong amounting to a crime and latter’s person, honor or property, or upon that of the latter’s family, of 3. That there is a demand for money or that other condition is imposed
demanding money or imposing any other condition even though not any wrong; even though not unlawful;
unlawful, and the offender attained his purpose. (with condition)
2. That such wrong amounts to a crime; 4. That the offender has attained his purpose or, that he has not attained
2. By making such threat without the offender attaining his purpose. (with his purpose.
condition; elements for this act are the same with the first except that the
purpose is not attained.) 3. That there is a demand for money or that any other condition is imposed,
even though not unlawful; ARTICLE 284. BOND FOR GOOD BEHAVIOR
By threatening another with the infliction upon his person, honor or property
or that of his family of any wrong amounting to a crime, the threat not being 4. That the offender attains his purpose. When a person is required to give bail bond:
subject to a condition. (without condition)
1. When he threatens another under the circumstances mentioned in Art.
Elements of Grave Threats NOT subject to a condition: (TCN) 282.

1. That the offender threatens another person with the infliction upon the 2. When he threatens another under the circumstances mentioned in Art.
latter’s person, honor, or property, or upon that of the latter’s family, of 283.
any wrong.

2. That such wrong amounts to a crime. ARTICLE 285. OTHER LIGHT THREATS

3. That the threat is not subject to a condition. Prohibited Acts: (TOO)

1. Threatening another with a weapon, or drawing such weapon in a

quarrel, unless it be in lawful self-defense.

2. Orally threatening another, in the heat of anger, with some harm

constituting a crime, without persisting in the idea involved in his threat.

3. Orally threatening to do another any harm not constituting a felony.

Ways of Committing Grave Coercion: (PC)

1. By preventing another by means of violence, threats or intimidation, from doing something not prohibited by law. (Preventive)

2. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong. (Compulsive)

When PREVENTING is not considered Coercion: When COMPELLING is not considered Coercion:

 Under Art. 132: When a public officer prevents the ceremonies of a religious group.  Under Art. 127: When a public officer compels a person to change his residence.
 Under Art. 267: When a person kidnaps his debtor to compel him to pay.
 Under Art. 143: When a person prevents the meeting of a legislative assembly.

 Under Art. 145: When a person prevents a member of Congress from attending meetings, expressing his opinions Elements: (PCVN)
or casting his vote through the use of force or intimidation.
1. That a person prevented another from doing something not prohibited by law, or by compelling him to do
something against his will, be it right or wrong;
When PRISION MAYOR shall be imposed: (VCP)
2. That the prevention or compulsion be effected by violence, threats or intimidation.
1. If the coercion is committed in violation of the exercise of the right of suffrage.
3. That the person that restrained the will and liberty of another has no right to do so, or in other words, that the
2. If the coercion is committed to compel another to perform any religious act. restraint is not made under authority of law or in the exercise of any lawful right.

3. If the coercion is committed to prevent another from performing any religious act.
 SECTION THREE: THREATS AND COERCION
ARTICLE 287 LIGHT COERCION (CSVP) ARTICLE 288. OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF Elements:
MERCHANDISE & PAYMENT OF WAGES BY MEANS OF TOKENS)
1. That the offender must be a creditor; a. That the offender pays the wages due a laborer or employee employed by
him by means of tokens or objects
2. That he seizes anything belonging to his debtor; Prohibited acts:
b. That those tokens or objects are other than the legal tender currency of
3. That the seizure of the thing be accomplished by means of violence or a 1. Forcing or compelling, directly or indirectly, or knowingly permitting the the Philippines.
display of material force producing intimidation; forcing or compelling of the laborer or employee of the offender to
purchase merchandise or commodities of any kind from him
4. That the purpose of the offender is to apply the same to the payment of c. That such employee or laborer does not expressly request that he be paid
the debt. by means of tokens or objects.
Elements:

Unjust Vexation (2nd par.) a. That the offender is any person, agent or officer of any association or ARTICLE 289 FORMATION, MAINTENANCE, & PROHIBITION OF
corporation. COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS
Includes any human conduct that, although not
productive of some physical or material harm, could unjustifiably annoy or vex b. That he or such firm or corporation has employed laborers or employees
an innocent person. The paramount question to be considered is whether the 3. That the offender employs violence or threats, in such a degree as to
offender’s act caused c. That he forces or compels, directly or indirectly, or knowingly permits to compel or force the laborers or employers in the free and legal exercise of
annoyance, irritation, torment, distress, or disturbance to the mind of the be forced or compelled, any of his or its laborers or employees to their industry or work;
person to whom it was directed. purchase merchandise or commodities of any kind from him or from said
firm or corporation. 4. That the purpose is to organize, maintain or prevent coalitions of capital
or laborers or lockout of employers.
2. Paying the wages due his laborer or employee by means of tokens or
objects other than the legal tender currency of the Philippines, unless
expressly requested by such laborer or employee
 CHAPTER THREE: DISCOVERY AND REVELATION OF SECRETS

ARTICLE 290 DISCOVERING SECRETS THROUGH SEIZURE OF ARTICLE 292 REVELATION OF INDUSTRIAL SECRETS (MSRP) ARTICLE 293 WHO ARE GUILTY OF ROBBERY
CORRESPONDENCE (PSID)
Robbery – is the taking of personal property belonging to another, with intent
1. That the offender is a person in charge, employee or workman of a to gain, by means of violence against, or
1. That the offender is a private individual or even a public officer not in the manufacturing or industrial establishment; intimidation of any person, or using force upon anything.
exercise of his official function;
2. That the manufacturing/industrial establishment has a secret of the
2. That he seizes the papers or letters of another; industry which the offender has learned; Classification of Robbery:
1. Robbery with violence against, or intimidation of persons (Arts. 294, 297
i. That the offender reveals such secrets; and 298).
3. That the purpose is to discover the secrets of such other person; ii. That prejudice is caused to the owner.
2. Robbery by use of force upon things (Arts. 299 and 302).
4. That the offender is informed of the contents of the papers or letters
seized.
Elements of Robbery in general:

Qualifying Circumstance: Offender reveals the contents of such paper or letter 1. That there be personal property (bienes muebles) belonging to another;
of another to a third person.
2. That there is unlawful taking (apoderamiento or asportacion) of that
property;

ARTICLE 291 REVEALING SECRETS WITH ABUSE OF OFFICE (MLR) 3. That the taking must be with intent to gain (animus lucrandi);
4. That there is violence against or intimidation of any person or force used
upon things.
1. That the offender is a manager, employee or servant;

2. That he learns the secrets of his principal or master in such capacity;

3. That he reveals such secrets.

 TITLE TEN: CRIMES AGAINST PROPERTY

SECTION ONE: ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

ARTICLE 294 ROBBERY WITH VIOLENCE 4. (a) If the violence or intimidation ARTICLE 295 ROBBERY WITH PHYSICAL ARTICLE 296. DEFINITION OF A BAND AND ARTICLE 297. ATTEMPTED AND FRUSTRATED
AGAINST OR INTIMIDATION OF PERSONS employed in the commission of the INJURIES, COMMITTED IN AN PENALTY INCURRED BY THE MEMBERS THEREOF ROBBERY COMMITTED UNDER CERTAIN
robbery is carried to a degree UNINHABITED PLACE BY A BAND OR CIRCUMSTANCES
clearly unnecessary for the WITH THE USE OF FIREARM ON A STREET,
Acts Punished under this Article: commission of the crime; or ROAD Outline: Special Complex Crime: When by reason or
OR ALLEY on occasion of an attempted or frustrated
1. (a) When by reason or on occasion of the (b) When in the course of its 1. When at least four armed malefactors take robbery, a homicide is committed. The
robbery, the crime of homicide is execution, the offender shall have Qualified Robbery with Violence Against part in the commission of a robbery, it is penalty is the same whether the robbery is
committed; inflicted upon ANY PERSON NOT or Intimidation of Persons: deemed committed by a band. attempted or frustrated.
RESPONSIBLE FOR ITS COMMISSION
(b) or when the robbery is accompanied by physical injuries covered by Nos. 3, 4, and 5 of Article 294 if 2. When any of the arms used in the commission
rape or intentional subdivisions 3 and 4 of Art. 263. committed: of robbery is not licensed, the penalty upon all ARTICLE 298 EXECUTION OF DEEDS BY
When the person injured – malefactors shall be the maximum of the MEANS OF VIOLENCE OR INTIMIDATION
2. When by reason or on occasion of such 1. In an uninhabited place corresponding penalty provided by law without
robbery any of the physical injuries a. Becomes deformed, or (despoblado); or prejudice to the criminal liability for illegal
resulting in insanity, imbecility, impotency b. b. Loses any other member of possession of firearms. Elements:
or blindness is inflicted. (subdivision 1 of his body, or 2. By a band (en cuadrilla); or
Art. 263) c. c. Loses the use thereof, or 3. Any member by a band who was present at the 1. That the offender has intent to defraud
d. Becomes ill or incapacitated 3. By attacking a moving train, street commission of a robbery by the band, shall be another;
3. When by reason or on occasion of robbery, for the performance of the car, motor vehicle, or airship; or punished as principal of any assaults
any of the physical injuries penalized in work in which he was committed by the band, unless it be shown 2. That the offender compels him to sign,
subdivision 2 of Art. 263 is inflicted. When habitually engaged for more 4. By entering the passengers’ that he attempted to prevent the same. execute, or deliver any public instrument
the person injured than 90 days, in consequence compartments in a train, or in any or document;
of the physical injuries manner taking the passengers by
inflicted. surprise in their respective Requisites for liability for the acts of other 3. That the compulsion is by means of
a. Loses the use of speech or the conveyances or members of the band: violence or intimidation.
power to hear or to smell, or 5. If the violence employed by the
loses an eye, a hand, a foot, an offender does not cause any of the 5. On a street, road, highway, or alley, 1. He was a member of the band;
arm, or a leg; serious physical injuries defined in and the intimidation is made with
b. b. Loses the use of any such Art. 263, or if the offender employs use of firearms, the offender shall be 2. He was present at the commission of a robbery
member; or intimidation only. (simple robbery) punished by the maximum period or by that band;
c. Becomes incapacitated for the the proper penalties prescribed in
work in which he was therefore Art. 294. 3. The other members of that bandcommitted an
habitually engaged, in assault;
consequence of the physical
injuries inflicted; 4. He did not attempt to prevent the assault.
 SECTION TWO: ROBBERY WITH THE USE OF FORCE UPON THINGS
ARTICLE 299. ROBBERY IN AN (Subdivision B) ARTICLE 301 WHAT IS AN INHABITED ARTICLE 302 ROBBERY IN AN ARTICLE 303 ROBBERY OF CEREALS, ARTICLE 305 FALSE KEYS
INHABITED HOUSE/PUBLIC HOUSE, PUBLIC BUILDING OR UNINHABITED PLACE OR IN A FRUITS, OR FIREWOOD IN AN
BUILDING OR EDIFICE DEVOTED TO 1. Offender is inside a dwelling BUILDING DEDICATED TO RELIGIOUS RIVATE BUILDING UNINHABITED PLACE OR PRIVATE
WORSHIP house, public building or edifice WORSHIP AND THEIR DEPENDENCIES BUILDING Inclusions:
devoted to religious worship,
regardless of the circumstances 1. That the offender entered an 1. Tools not mentioned in the next
(Subdivision A) under which he entered it. Dependencies of an inhabited house, uninhabited place or a building Penalty is 1 degree lower when preceding article
public building or building dedicated which was not a dwelling house, cereals, fruits, or firewood are taken
1. The offender entered: 2. The offender takes personal to religious worship – all interior not a public building, or not an in robbery with force upon things. 2. Genuine keys stolen from the
a. an inhabited house, property belonging to another courts, corrals, warehouses, granaries edifice devoted to religious owner
b. a public building or with intent to gain under any of or enclosed places worship;
c. an edifice devoted to the following circumstances: 3. Any keys other than those
religious worship a. by the breaking of internal 1. Contiguous to the building or 2. That any of the following ARTICLE 304. POSSESSION OF intended by the owner for use in
doors, wardrobes, chests, edifice, circumstances was present: PICKLOCKS OR SIMILAR TOOLS the lock forcibly opened by the
2. The entrance was effected by or any other kind of sealed a. The entrance was effected offender.
any of the following means: furniture or receptacle 2. Having an interior entrance through an opening not
a. Through an opening not b. by taking such furniture or connected therewith, and intended for entrance or 1. That the offender has in his
intended for entrance or objects away to be broken egress; possession picklocks or similar
egress; open outside the place of 3. Which form part of the whole. b. A wall, roof, floor, or tools;
b. By breaking any wall, roof, the robbery outside door or window
floor, door, or window; was broken; 2. That such picklocks or similar
c. By using false keys, c. The entrance was effected tools are specially adopted to
picklocks or similar tools; or ARTICLE 300. ROBBERY IN AN through the use of false the commission of robbery;
d. By using any fictitious name UNINHABITED PLACE AND BY A keys, picklocks or other
or pretending the exercise BAND similar tools; 3. That the offender does not have
of public authority. d. A door, wardrobe, chest, or lawful cause for such possession.
Under this Article, Robbery with any sealed or closed
3. That once inside the building, Force Upon Things is qualified when furniture or receptacle was
the offender took personal committed in an uninhabited place broken; or
property belonging to another AND by a band, as distinguished from e. A closed or sealed
with intent to gain Qualified Robbery with Violence or receptacle wa removed,
Intimidation of Persons (Art. 295) even if the same be broken
which is committed in an uninhabited open elsewhere;
place OR by a band.
3. That with intent to gain, the
offender took therefrom
personal property belonging to
another.
 CHAPTER TWO: BRIGANDAGE

ARTICLE 306. BRIGANDAGE ARTICLE 307 AIDING OR ABETTING A BAND OF BRIGANDS

1. There be at least four armed persons

1. That there is a band of brigands;
2. They formed a band of robbers
2. That the offender knows the band to be of brigands;
3. The purpose is any of the following:
3. That the offender does any of the following acts:
a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of extortion or to obtain ransom; or a. That he aids, abets, or protects such band of brigands;
c. To attain by means of force or violence any other purpose b. That he gives them information on the movements of the police or other peace officers of the government; or
c. That he acquires or receives property taken by such brigands.

Presumption of law as to brigandage:

All are presumed to be highway robbers or brigands, if any of them carry unlicensed firearm.

The only things to prove are:

1. That there is an organization of more than three armed persons forming a band of robbers;
2. That the purpose of the band is any of those enumerated in Art. 306;
3. That they went upon the highway or roamed upon the country for that purpose;
4. That the accused is a member of such band.
 ARTICLE 308 WHO ARE LIABLE FOR THEFT ARTICLE 309. PENALTIES The basis of penalty in Theft is: ARTICLE 310 QUALIFIED THEFT There is qualified theft in ANTI CARNAPPING ACT of 1972 (R.A. 6539)
the following instances:
Carnapping - taking, with intent to gain, of
1. That there be taking of personal property; 1. The value of the thing stolen, and in some cases, 1. If theft is committed by a domestic servant motor vehicle belonging to another without the latter’s
consent, or by means of violence against or intimidation
2. That said property belongs to another; 2. The value and the nature of the property taken, or 2. If committed with grave abuse of confidence of persons, or by using force upon things. If the OWNER,
DRIVER OR OCCUPANT of a carnapped vehicle is killed or
3. That the taking be done with intent to gain; 3. The circumstances or causes that impelled the culprit 3. If the property stolen is raped in the course of the commission of the
to commit the crime (a) motor vehicle, carnapping or on the occasion thereof, the penalty of
4. That the taking be done without the consent of the (b) mail matter or reclusion perpetua to death shall be imposed.
owner; (c) large cattle

5. That the taking be accomplished without the use of 4. If the property stolen consists of coconuts taken from Qualified Theft only: If material or physical possession
violence against or intimidation of persons or force the premises of plantation. was given to the offender
upon things.
5. If the property stolen is taken from a fishpond or Estafa only: If material plus juridical possession were
fishery given to the offender
Theft is likewise committed by:
6. If property is taken on the occasion of fire,
1. Any person who, having found lost property, shall fail earthquake, typhoon, volcanic eruption, or any other
to deliver the same to the local authorities or to its calamity, vehicular accident or civil disturbance
owner
Elements:
2. Any person who, after having maliciously damaged
the property of another, shall remove or make use of 1. Taking of personal property;
the fruits or object of the damage caused by him;
2. That the said property belongs to another;
3. Any person who shall enter an enclosed estate or a
field where trespass is forbidden or which belongs to 3. That the said taking be done with intent to gain;
another and without the consent of its owner; shall
hunt or fish upon the same or shall gather fruits, 4. That it be done without the owner’s consent;
cereals, or other forest or farm products.
5. That it be accomplished without the use of violence
or intimidation against persons, nor of force upon
things;

6. That it be done through the above circumstances

 CHAPTER THREE: THEFT

CATTLE RUSTLING LAW of 1974 (P.D. LAW ON ILLEGAL FISHING (P.D. 534) “HIGHGRADING” OR THEFT OF GOLD ANTI - FENCING LAW (P.D. 1612) PRESIDENTIAL DECREE NO. 401 PENALIZING TIMBER SMUGGLING OR
533) (P.D. 581) ILLEGAL CUTTING OF LOGS FROM
Penalizing the Unauthorized PUBLIC FORESTS AND FOREST
Illegal Fishing – the act of any person Elements: nstallation of Water, Electrical or RESERVES AS QUALIFIED THEFT (P.D.
Cattle Rustling – is defined as the to catch, take or gather or cause to “Highgrading” or Theft of Gold – the Telephone Connections, the Use of NO. 330)
taking away by means, method or be caught, taken or gathered fish or act of any person who shall take gold- 1. Crime of robbery or theft has Tampered Water or Electrical
scheme, without the consent of the fishery/aquatic products in Philippine bearing ores or rocks from a mining been committed; Meters, and other Acts Acts
owner/raiser, of any large cattle waters with the use of explosives, claim or mining camp or shall punished: Any person, whether natural or
whether or not for profit or gain, or obnoxious or poisonous substances remove, collect or gather gold- 2. Accused, who is not a principal juridical who directly or indirectly
whether committed with or without or by the use of electricity. bearing ores or rocks in place or shall or accomplice in the commission cuts, gathers, removes, or smuggles
violence against or intimidation of extract or remove the gold; from such of the crime of robbery or theft, 1. The use of tampered water or timber, or other forest products,
persons or force upon things. It ores or rocks, or shall prepare and buys, receives, possesses, keeps, electrical meters to steal water either from any of the public forest,
includes the killing of large cattle or Dealing in illegally caught fish or treat such ores or rocks to recover or acquires, conceals, sells, or or electricity; forest reserves and other kinds of
taking it as meat or hide without the fishery/aquatic products – any extract the gold content thereof, disposes of, or shall buy and sell, public forest, whether under license
consent of the owner/raiser. person who possesses or deals in, without the consent of the operator or in any other manner deal any 2. The stealing or pilfering of water or lease, or from any privately owned
sells or in any manner disposes of, for of the mining claim. article, item, object or anything and/or electrical meters, electric forest land in violation of existing
Presumption of Cattle Rustling: profit , any fish, fishery/aquatic of value which he knows, or and/or telephone wires; laws, rules and regulations shall be
Failure to exhibit the required products which have been illegally should be known to him, to have guilty of the crime of qualified theft.
documents by any person having in caught, taken or gathered. Presumption: been derived from the proceeds 3. Knowingly possessing stolen or
his possession, control, or custody of Unauthorized possession by any of said crime; pilfered water and/or electrical
large cattle, upon demand by person within a mining claim or meters and stolen or pilfered ARTICLE 311. THEFT OF THE
competent authorities shall be prima mining camp of gold-bearing ores or 3. Accused knows or should have electric and/ or telephone wires. PROPERTY OF THE NATIONAL
facie evidence that the large cattle in rocks or of gold extracted or removed known that said article, item, LIBRARY AND NATIONAL MUSEUM
his possession, control and custody from such ores or rocks shall be object or anything of value has Theft of electricity can also be
are the fruits of the crime of cattle prima facie evidence that they have been derived from the proceeds committed by any of the following
rustling. been stolen from the operator of a of theft or robbery; means: Theft of property on National Library
mining claim (Sec. 2). and Museum has a fixed penalty
4. Accused has intent to gain for 1. Turning back the dials of the regardless of its value. But if the
himself or another electric meter; crime is committed with grave abuse
2. Fixing the electric meter in such of confidence, the penalty for
Presumption of Fencing: a manner that it ill not register qualified theft shall be imposed,
Mere possession of any good, article, the actual electric consumption; because Art 311 says “unless a higher
item, object, or anything of value 3. Under-reading of electric penalty should be provided under the
which has been the subject of consumption; and provisions of this Code.”
robbery or thievery shall be prima 4. Tightening screw or rotary
facie evidence of fencing. blades to slow down the
rotation of the same
 CHAPTER FOUR: USURPATION CHAPTER FIVE: CHAPTER SIX: SWINDLING AND OTHER DECEITS
CULPABLE
INSOLVENCY

ARTICLE 312 OCCUPATION OF REAL ARTICLE 313. ALTERING ARTICLE 314. FRAUDULENT ARTICLE 315 I. Estafa with Unfaithfulness B. Estafa with abuse of C. Estafa by taking undue
PROPERTY OR USURPATION OF REAL BOUNDARIES OR INSOLVENCY SWINDLING/ESTAFA or Abuse of Confidence confidence. advantage of the
RIGHTS IN PROPERTY LANDMARK (Article 315 No.1-B) signature in blank
A. Estafa with unfaithfulness (Article 315, No. 1-C)
1. That the offender is a Elements in general: (Article 315, No. 1-A) 1. That money, goods, or
1. That the offender takes 1. That there be boundary debtor, that is, he has other personal property be 1. That the paper with the
possession of any real property marks or monuments of obligations due and 1. That the accused 1. That the offender has an received by the offender in signature of the offended
or usurps any real rights in towns, provinces, or demandable; defrauded another by onerous obligation to trust, or on commission, or party be in blank;
property; estates, or any other abuse of confidence, or deliver something of value; for administration, or
marks intended to 2. That he absconds with by means of deceit; under any other obligation 2. That the offended party
2. That the real property or real designate the his property; 2. That the damage or 2. That he alters its involving the duty to make should have delivered it to
rights belong to another; boundaries of the same; prejudice capable of substance, quantity or delivery of, or to return, the offender;
. 3. That there be prejudice pecuniary estimation is quality; the same;
3. That violence against or That the offender alters said to his creditors. caused to the offended 3. That above the signature
intimidation of persons is used boundary marks. party or third persons. 3. That damage or prejudice 2. That there be of the offended party a
by the offender in occupying real capable of pecuniary misappropriation or document is written by the
property or usurping real estimation is caused to the conversion of such money offender without authority
property or usurping real right in Damage or prejudice may offended party or third or property by the to do so;
property; consist of: persons. offender, or denial on his
part of such receipt; 4. That the document so
4. That there is intent to gain. 1. Offended party being written creates a liability
deprived of his money or 3. That such of, or causes damage to
property as a result of misappropriation or the offended party or any
Acts punishable under Article 312: the defraudation; conversion or denial is to third person.
the prejudice of another;
1. By taking possession of any real 2. Disturbance in property
property belonging to another rights; 4. That there is demand
by means of violence against or made by the offender
intimidation of persons. 3. Temporary prejudice. party to the offender.

2. By usurping any real rights in

property belonging to another
by means of violence against or
intimidation of persons.
 CHAPTER SIX: SWINDLING AND OTHER DECEITS

Definition of Terms 1. If the offender has been II. Estafa by Means of Deceit Ways of commission: B. Art. 315 No. 2 (B) BOUNCING CHECKS LAW (B.P. Blg.
given Material Possession of (Article 315, No. 2) By altering, the quality, 22) Offenses Punished under BP 22:
1. Misappropriation (M) - the act of the personal property and he A. Art. 315 No. 2 (A): fineness or weight of
taking something for one’s Misappropriates the same, 1. That there must be false anything pertaining to A. Making or Drawing and issuing
ownbenefit he is liable for the crime of pretense, fraudulent act 1. By using a fictitious name. his Business a check knowing at the time of
THEFT. or fraudulent means; issue that he does not have
2. Conversion - the act of using or 2. By falsely pretending to possess C. Art. 315 No. 2 (C) sufficient funds.
disposing of another’s property MP + M = Theft 2. That such false pretense, (a) power, By pretending to have
as it was one’s own; thing has act or fraudulent means (b) influence, bribed any Government
been devoted to a purpose or 2. If the offender has been must be made or (c) qualifications, employee Elements:
use other than that agreed given Juridical Possession and executed prior to or (d) property,
upon. Material Possession of the simultaneously with the (e) credit, D. Art. 315 No. 2 (D) 1. That a person makes or draws
personal property and he commission of fraud. (f) agency, 1. That the offender and issues any check to apply on
3. Material Possession (MP) – The Misappropriates the same, (g) business or imaginary transactions. postdated a check, account or for value.
actual physical possession of he is liable for the crime of 3. That the offended party OR issued a check in 2. That the person knows that at
personal property, where the ESTAFA. must have relied on the 3. By means of other similar deceits. payment of an the time of issue he does not
possessor cannot claim a better false pretense, fraudulent obligation have sufficient funds or credit
right to such property than that JP + MP + M = Estafa act, or fraudulent means, ILLEGAL RECRUITMENT Under the Migrant Workers 2. That such with the drawee bank for the
of its owner. that is, he was induced to Act (R.A. No. 8042) postdating or payment of such check upon its
3. If the person has been given part with his money or issuing a check was presentment
4. Juridical Possession (JP) – Is the Ownership, Juridical property because of Illegal Recruitment – Any act of canvassing, enlisting, done when the 3. That the check is subsequently
present when the possession of Possession, and Material fraudulent means; hiring, or procuring workers, including referring offender had no dishonored by the drawee bank
the personal property arises Possession of the personal contract services, promising or advertising for funds in the bank, for insufficiency of funds or
from a lawful causation, contract property and he 4. That as a result thereof, employment abroad, whether for profit or not, when or his funds credit, or would have been
or agreement, express or Misappropriates the same, the offended party undertaken by a non-licensee or non-holder of deposited therein dishonored for the same reason
implied, written or unwritten or he is NOT criminally liable suffered damage. authority. Any such non-licensee or nonholder of were not sufficient had not the drawer, without any
by virtue of a provision of law. and incurs only a CIVIL authority who, for a fee, offers and promises to cover the valid reason, ordered the bank
LIABILITY. employment abroad to two or more persons shall be amount of the to stop payment.
5. Ownership (O) – There is deemed so engaged in illegal recruitment. check
ownership of the personal O + JP + MP + M = NO CRIME
property when there is no Economic Sabotage:
obligation to return exactly the
same property given or lent to 1. Illegal recruitment by syndicate – committed by a
the possessor. group of three (3) or more persons conspiring or
confederating with one another.
2. Large Scale Illegal Recruitment – committed
against three (3) or more persons.
 CHAPTER SIX: SWINDLING AND OTHER DECEITS

Requisites for Criminal Liability Failing to keep sufficient funds to E. Art. 315, No. 2(E) III. Estafa Through the Following B. Estafa by resorting to some ARTICLE 316 OTHER FORMS OF
under BP 22: cover the full amount of the check. Means fraudulent practice to insure SWINDLING
I. By obtaining food, success in gambling (Article 315
1. A person makes, draws or issues 1. That a person has sufficient refreshment or A. Estafa by inducing another to No. 3B)
a check as payment for account funds with the drawee bank accommodation at hotel, inn, sign any document (Article 315 Persons liable:
or for value. when he makes or draws and restaurant, boarding house, No. 3A) C. Estafa by removing, concealing
issues a check lodging house or apartment or destroying documents 1. Any person who, pretending to
2. That the check was dishonored house without paying thereof, 1. That the offender induced the be the owner of any real
by the bank due to a lack of 2. That he fails to keep sufficient with intent to defraud the offended party to sign a property, shall convey, sell,
funds, insufficiency of funds or funds or to maintain a credit proprietor or manager document; (Article 315 No. 3C) encumber or mortgage the
account already closed. to cover the full amount if thereof 2. That deceit be employed to same.
presented within a period of make him sign the document; 1. That there be court record,
3. The payee or holder of such 90 days from the date of II. By obtaining credit at any of office files, documents or any a. That the thing be
check gives a written notice of appearing thereon. the said establishments by 3. That the offended party other papers; immovable, such as a parcel
dishonor and demand for the use of any false pretense personally signed the document; 2. That the offender removed, of land or a building;
payment. 3. That the check is dishonored concealed or destroyed any of (property must actually
by the drawee bank III. By abandoning or them; exist)
4. That the maker, drawer or surreptitiously removing any 4. That prejudice be caused. 3. That the offender had intent to b. That the offender who is
issuer, after receiving such part of his baggage from any defraud another. not the owner of said
notice and demand, refuses or of the said establishment property should represent
fails to pay the value of the after obtaining credit, food, that he is the owner
check within FIVE BANKING refreshment or thereof
DAYS. accommodation therein, c. That the offender should
without paying therefor. have executed an act of
ownership (selling, leasing,
encumbering or mortgaging
the real property);
d. That the act be made to the
prejudice of the owner or a
third person
 CHAPTER SIX: SWINDLING AND OTHER DECEITS CHAPTER SEVEN: CHATTEL MORTGAGE

2. Any person who, knowing that 3. The owner of any personal 6. Any person who shall sell, ARTICLE 317. SWINDLING A MINOR ARTICLE 319. REMOVAL, SALE OR B. Sale or Pledge of Mortgaged
real property is encumbered, property who shall wrongfully mortgage or encumber real PLEDGE OF MORTGAGED PROPERTY Property
shall dispose of the same, take it from its lawful property with which the
although such encumbrance be possessor, to the prejudice of offender guaranteed the 1. That the offender takes a By selling or pledging personal
not recorded. the latter or any third person. fulfillment of his obligation as dvantage of the inexperience or Acts punishable: property already pledged, or any
surety. emotions or feelings of a minor; part thereof, under the terms of
a. That the thing disposed of be a. That the offender is the A. Removal of Mortgaged Property the Chattel Mortgage Law,
real property. owner of personal a. That the offender is a surety in a 2. That he induces such minor to By knowingly removing any without the consent of the
b. That the offender knew that the property; bond given in a criminal or civil assume an obligation, or to give personal property mortgaged mortgagee written on the back
real property was encumbered, b. That said personal property action; release, or to execute a transfer under the Chattel Mortgage Law of the mortgage and noted on
whether the encumbrance is is in the lawful possession b. That he guaranteed the of any property right; to any province or city other the record thereof in the office
recorded or not. (principle of of another; fulfillment of such obligation than the one in which it is of the register of deeds of the
constructive notice does not c. That the offender with his real property or 3. That the consideration is some located at the time of execution province where such property is
apply) wrongfully takes it from its properties; loan of money, credit, or other of the mortgage, without the located.
c. That there must be express lawful possessor; (if from c. That he sells, mortgages, or, in personal property; (if real written consent of the
representation by the offender unlawful possessor, Article any manner encumbers said real property, Article 318 applies; mortgagee or his executors, Elements:
that the real property is free 429 of the Civil Code property; minor cannot convey real administrators or assigns.
from encumbrance. applies) d. That such sale, mortgage or property without judicial 1. Personal property is pledged
d. That the act of disposing of the d. That prejudice is thereby encumbrance is authority) Elements: under Chattel Mortgage Law;
real property be made to the caused to the possessor or (a) without express authority 2. Offender, who is the mortgagor,
damage of another. third person. from the court, or 4. That the transaction is to the 1. That personal property is sells or pledges the same
4. Any person who, to the (b) made before the detriment of such minor mortgaged under Chattel property or any part thereof;
prejudice of another, shall cancellation of his bond, or Mortgage Law; 3. No consent of mortgagee
execute any fictitious contract. (c) before being relieved from 2. That the offender knows that written on the back of the
the obligation contracted such property is so mortgaged; mortgage and noted on the
5. Any person who shall accept by him. 3. That he removes such record thereof in the Office of
any compensation for services mortgaged personal property to the Register of Deeds.
not rendered or for labor not any province or city other than
performed. the one in which it was located
at the time of the execution of
the mortgage;
4. That the removal is permanent;
5. That there is no written consent
of mortgagee, executors,
administrators or assigns to such
removal.
 CHAPTER EIGHT: ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

ARTICLE 320-326- B REPEALED Destructive Arson (Art. 320, RPC) There is also Destructive Arson: Other cases of Arson: Prima facie evidence of Arson
BY PD 1613 Burning of: 4. Any building, factory, (Art. 320, RPC) (Sec. 3, PD 1613) Burning of: (Sec. 6, PD 1613):
warehouse installation and
PD 1613- AMENDING THE 1. One (1) or more buildings or any appurtenances thereto, 1. When the arson is committed 1. Any building used as offices of 1. If the fire started simultaneously in more
LAW ON ARSON edifices, consequent to one single which are devoted to the by 2 or more persons, the Government or any of its than one part of the building or
act of burning, or as a result of service of public utilities. regardless of whether their agencies. establishment.
Kinds of Arson: simultaneous burnings, committed purpose is merely to burn or 2. Any inhabited house or 2. If substantial amount of flammable
on several or different occasions. 5. Any building the burning of destroy the building or the dwelling. substances or materials are stored within
1. Arson (Sec. 1, PD No. which is for the purpose of burning merely constitutes an 3. Any industrial establishment, the building not of the offender nor for the
1613) 2. Any building of public or private concealing or destroying overt act in the commission of shipyard, oil, well or mine household.
2. Destructive arson (Art. ownership, devoted to the public evidence of another another violation of the law shaft, platform or tunnel. 3. If gasoline, kerosene, petroleum or other
320, as amended by RA in general or where people usually violation of law, or for the 4. Any plantation, farm, pasture flammable or combustible substances or
No. 7659 gather or congregate for a definite purpose of concealing 2. When any person shall burn: land, growing crop or grain materials soaked therewith or containers
3. Other cases of arson (Sec. purpose such as, but not limited bankruptcy or defrauding a. Any arsenal, shipyard, field, orchard, bamboo grove thereof, or any mechanical, electrical,
3, PD No. 1613) to, official governmental function creditors or to collect from storehouse or military or forest. chemical, or electronic contrivance designed
or business, private transaction, insurance. powder or fireworks 5. Any rice mill, sugar mill, cane to start a fire, or ashes or traces of any of
Arson – when any person commerce, trade workshop, factory, ordnance, mill, or mill central. the foregoing are found in the ruins or
burns or sets fire to the meetings and conferences, or storehouse, archives 6. Any railway or bus station, premises of the burned building or property.
property of another, or his merely incidental to a definite orgeneral museum of airport, wharf, or warehouse. 4. If the building or property is insured for
own property under purpose such as but not limited to theGovernment. substantially more than its actual value at
circumstance which expose to hotels, motels, transient dwellings, b. In an inhabited place, any Special Aggravating Circumstance the time of the issuance of the policy.
danger the life or property of public conveyances or stops or storehouse or factory of on Arson 5. If during the lifetime of the corresponding
another. (Sec. 1, PD 1613) terminals, regardless of whether inflammable or explosive fire insurance more than two fires have
the offender had knowledge that materials. (Sec. 4, PD 1613): occurred in the same or other premises
there are persons in said building owned or under the control of the offender
or edifice at the time it is set on 1. If committed with intent to and /or insured.
fire and regardless also of whether gain. 6. If shortly before the fire, a substantial
the building is actually inhabited or 2. If committed for the benefit of portion of the effects insured and stored in a
not. another. building or property had been withdrawn
3. If the offender be motivated by from the premises except in the ordinary
3. Any train or locomotive, ship or spite or hatred towards the course of business.
vessel, airship or airplane, devoted owner or occupant of the 7. If a demand for money or other valuable
to transportation or conveyance, property burned. consideration was made before the fire in
or for public use, entertainment or 4. If committed by a syndicate - exchange for the desistance of the offender
leisure. planned or carried out by three or for the safety of the person or property of
or more persons the victim.
 TITLE TEN: CRIMES AGAINST CHASTITY
CHAPTER EIGHT: CHAPTER NINE: MALICIOUS MISCHIEF CHAPTER TEN: CHAPTER ONE: ADULTERY AND CONCUBINAGE
ARSON AND OTHER MALICIOUS MISCHIEF
CRIMES INVOLVING
DESTRUCTIONS

Attempted, frustrated or ARTICLE 327 MALICIOUS MISCHIEF ARTICLE 329 OTHER MISCHIEFS ARTICLE 332 PERSON EXEMPT ARTICLE 333 ADULTERY ARTICLE 334 CONCUBINAGE
consummated arson: FROM CRIMINAL LIABILITY
1. That the offender deliberately Mischiefs not included in the next
1. A person, intending to burn a caused damage to the property preceding article and are punished Crimes involved in the exemption: Who are liable? Who are liable?
wooden structure, collects some of another; according to the value of damage
rags, soaks them in gasoline and 2. That such act does not caused. 1. Theft 1. The married woman who a. The married man
places them beside the wooden constitute arson or other crimes 2. Swindling engages in sexual intercourse b. The woman who knew that the
wall of the building. When he is involving destruction; ARTICLE 330 DAMAGE AND 3. Malicious mischief with a man not her husband. man was married.
about to light a match to set fire 3. That the act of damaging OBSTRUCTION TO MEANS OF 2. The man who,cknowing of the
to the rags, he is discovered by another’s property be COMMUNICATION Persons exempted: marriage of the woman, has
another who chases him away. committed merely for the sake 1. Spouses, ascendants and sexual intercourse with her. Elements:
of damaging it. Person liable: Any person who shall descendants, or relatives by
2. Any charring of the wood of a damage any railway, telegraph or affinity on the same line. 1. That the man must be married;
building, whereby the fiber of telephone lines. Elements:
the wood is destroyed, is ARTICLE 328. SPECIAL CASES OF 2. The widowed spouse with 2. That he committed any of the
sufficient. It is necessary that the MALICIOUS MISCHIEF Qualifying circumstance: Damage shall respect to the property which 1. That the woman is married; following acts:
wood should be ablazed. (When Qualified) result in the derailment of cars, belonged to the deceased a. Keeping a mistress in the
collision or other accident spouse before the same shall 2. That she has sexual intercourse conjugal dwelling (mistress must
3. Setting fire to the contents of a 1. Causing damage to obstruct the have passed to the possession with a man not her husband; live therein as such);
building constitutes the performance of public functions; ARTICLE 331 DESTROYING OR of another. b. Having sexual intercourse under
consummated crime of setting 2. Using poisonous or corrosive DAMAGING STATUES, PUBLIC scandalous circumstances with a
fire of a building, even if no part substances; MONUMENTS OR PAINTINGS 3. Brothers and sisters and 3. That as regards the man with woman who is not his wife
of the building was burned. 3. Spreading any infection or brothers in law and sisters in whom she has sexual (proof of actual sexual relations
contagion among cattle; Persons liable: law, if living together. intercourse, he must know her not required as long as it can be
4. Causing damage to the property to be married. inferred);
of the National Museum or 1. Any person who shall destroy or 4. Stepfather, adopted father, c. Cohabiting with her in any other
National Library, or to any damage statues or any other useful natural children, concubine, place (as husband and wife);
archive or registry, waterworks, or ornamental public monuments. paramour included as
road, promenade, or any other ascendants by affinity. 3. As regards to the woman, she
thing used in common by the 2. Any person who shall destroy or must know him to be married.
public. damage any useful or ornamental 2
painting of a public nature.
CHAPTER TWO: CHAPTER THREE: SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE
ACTS OF
LASCIVIOUSNESS

ARTICLE 336. ACTS OF ARTICLE 337 QUALIFIED The following are the OFFENDERS: SIMPLE SEDUCTION ARTICLE 339. ACTS OF ANTI-SEXUAL HARRASMENT ARTICLE 340 CORRUPTION OF
LASCIVIOUSNESS SEDUCTION LASCIVIOUSNESS WITH THE ACT (R.A. No. 7877) MINORS (AS AMENDED BY BP 92)
1. Those who abused their authority: 1. That the offended CONSENT OF THE OFFENDED
1. That the offender Two classes: a. Persons in public authority party is over 12 PARTY
commits any act of b. Guardian and under 18 years Persons penalized: Prohibited acts – to promote or
lasciviousness or 1. Seduction of a virgin over c. Teacher of age; 1. That the offender commits facilitate the prostitution or
lewdness; 12 years and under 18 d. Person who, in any capacity, is acts of lasciviousness or Employer, employee, corruption of persons under age to
years of age by persons entrusted with the education or 2. That she must be lewdness; manager, supervisor, satisfy the lust of another.
2. That the act of who abuse their authority custody of the woman seduced of good reputation, teacher, professor,
lasciviousness is or the confidence single or widow; 2. That the acts are instructor, coach, trainor, or Special Protection of Children
committed against a reposed. 2. Those who abused confidence reposed committed upon a woman any other person having Against Child Abuse Act
person of either sex; in them: 3. That the offender who is a virgin or single or authority, influence, or (R.A. 7610) – Child prostitution
2. Seduction of a sister by a. Priest has sexual a widow of good moral ascendancy over and attempt to commit child
her brother or descendant b. House servant intercourse with reputation, under 18 years another in a work, education prostitution are punished under
3. That it is done under by her ascendant, c. Domestic her; of age but over 12 years, or training-related this Act.
any of the following regardless of her age and or a sister or descendant environment.
circumstances: reputation. 3. Those who abused their relationship: 4. That it is regardless of her Sec. 5. Child Prostitution and
a. By using force or a. Brother who seduced his sister committed by reputation or age; other Sexual Abuse– Children
intimidation b. Ascendant who seduced his means of deceit. Prohibited acts: whether male or female, who for
b. When the Elements: descendant Demanding, requesting, or money, profit or other
offended party is c. A “domestic” is different from a 3. That the offender otherwise requiring any consideration or due to the
deprived of reason 1. That the offended party is house servant, it means any accomplishes the acts by sexual favor from the other, coercion or influence of any adult
or otherwise a virgin; person living under the same roof abuse of authority, regardless of whether the syndicate or group, indulge in
unconscious as a member of the same confidence, relationship or demand, request, or sexual intercourse or lascivious
c. By means of 2. She must be over 12 and household, and includes boarders deceit. requirement is accepted by conduct are deemed to be children
fraudulent under 18 years of age; or house-guests but not the object of the act exploited in prostitution and
machination or transients orvisitors.
grave abuse of 3. That the offender had d. The fact that the girl gave her
authority sexual intercourse with consent to the sexual intercourse
d. When the her; is no defense. In the same way,
offended party is lack of consent of the girl is not
under 12 years of 4. That there is abuse of an element of the offense.
age or is authority, confidence or e. The seduction of a sister or
demented. relationship on the part of descendant is known as incest.
the offender
 CHAPTER THREE: SEDUCTION, CORRUPTION OF MINORS, AND WHITE CHAPTER FOUR: ABDUCTION
SLAVE TRADE

Persons liable: ARTICLE 341 WHITE SLAVE TRADE Two Kinds of Abduction: ARTICLE 343 CONSENTED ABDUCTION

1. Those who engage in or promote, facilitate or induce Prohibited acts: 1. Forcible abduction (Art. 342)
child prostitution which include, but are not limited Elements:
to the following: 1. Engaging in the business of prostitution; 2. Consented abduction (Art. 343)
a. Acting as a procurer of a child prostitute; 1. That the offended party must be a virgin; 2. That she
b. Inducing a person to be a client of a child 2. Profiting by prostitution; must be over 12 and under 18 years if age;
prostitute by means of written or oral ARTICLE 342. FORCIBLE ABDUCTION
advertisements or other similar means; 3. Enlisting the services of women for the purpose of 2. That the taking away of the offended party must be
c. Taking advantage of influence or relationship to prostitution. with her consent, after solicitation or cajolery from
procure a child as a prostitute; 1. That the person abducted is a woman; regardless of the offender;
d. Threatening or using violence towards a child to her age, civil status, or reputation;
engage him/her as a prostitute; 3. That the taking away of the offended party must be
e. Giving monetary consideration, goods or other 2. That the abduction is against her will; with lewd design.
pecuniary benefit to a child with the intent to
engage such child in prostitution. 3. That the abduction is with lewd design.
Crimes against Chastity where age and reputation of the
2. Those who commit the act of sexual intercourse or victim are immaterial:
lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse. 1. Acts of lasciviousness against the will of the offended
party or against a sister or descendant.
3. Those who derive profit or advantage therefrom,
whether as manager or owner of the establishment 2. Qualified Seduction of sister or descendant.
where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or 3. Forcible Abduction.
establishment serving as a cover or which engages in
prostitution in addition to the activity for which the
license has been issued to said establishment.
 CHAPTER FIVE: PROVISIONS RELATING TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

ARTICLE 344 PROSECUTION OF THE CRIMES OF If a minor or incapacitated and refuses to file either of ARTICLE 345 CIVIL LIABILITY OF PERSONS GUILTY OF ARTICLE 346 LIABILITY OF ASCENDANTS, GUARDIANS,
ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, the next succeeding persons may file: CRIMES AGAINST CHASTITY TEACHERS, OR OTHER PERSONS ENTRUSTED WITH THE
RAPE AND ACTS OF LASCIVIOUSNESS CUSTODY OF THE OFFENDED PARTY
a. Either of the parents Persons who are guilty of rape, seduction or abduction
1. Adultery and concubinage must be prosecuted upon b. Either of the grandparents whether paternal or shall also be sentenced: Persons who cooperate as accomplices but are punished
the complaint signed by the offended spouse (and in maternal side as principals in rape, seduction, abduction, acts of
the absence of an express or implied pardon). c. Legal or judicial guardians 1. To indemnify the offended woman; lasciviousness, acts of lasciviousness with the consent of
d. The State, as parens patriae when the offended party the offended party, corruption of minors, white slave
2. Seduction, abduction and acts of lasciviousness must dies or becomes incapacitated before she could file 2. To acknowledge the offspring, EXCEPT: trade:
be prosecuted upon the complaint signed by (and in the complaint and she has no known parents, a. In adultery and concubinage since only a natural
the absence of an express pardon) offended party – grandparents or guardians. child may be acknowledged 1. Ascendants,
i. Even if a minor b. Where either the offended party or the accused 2. Guardians,
ii. If of legal age and not incapacitated, only she is married 3. Curators, teachers, and
can file complaint c. When paternity cannot be determined as in 4. Any person, who cooperates as accomplice with
multiple rape buse of authority or confidential relationship.
d. Other instances where the law should prevent
the offender from doing so;

In every case to support the offspring.

 TITLE TWELVE: CRIMES AGAISNT THE CIVIL STATUS OF PERSONS
CHAPTER ONE: SIMULATION OF BIRTHS AND USURPATION CHAPTER TWO: ILLEGAL MARRIAGES
OF CIVIL STATUS

ARTICLE 347 SIMULATION OF BIRTHS, ARTICLE 348. USURPATION OF CIVIL STATUS ARTICLE 349. BIGAMY ARTICLE 350 MARRIAGE CONTRACTED ARTICLE 351. PREMATURE MARRIAGES
SUBSTITUTION OF ONE CHILD FOR AGAINST PROVISIONS OF LAWS (Illegal
ANOTHER, CONCEALMENT OR Marriage)
ABANDONMENT OF A LEGITIMATE CHILD Usurping the civil status of another is 1. That the offender is legally married; Persons liable:
committed by assuming the filiation, or the
parental or conjugal rights of another with 2. That the marriage has not been 1. That the offender contracted marriage; 1. A widow who married within 301 days
Acts punished: intent to enjoy the rights arising from the civil dissolved or, in case the spouse is absent from the date of the death of her
status of the latter. Crime is qualified if the the absent spouse could not yet be 2. That he knew at the time that: husband, or before having delivered if
1. Simulation of births; purpose is to defraud offended parties and presumed dead according to the Civil a. The requirements of the law were she is pregnant at the time of his death.
heirs. Code; not complied with; or
2. Substitution of one child for another; b. The marriage was in disregard of a 2. A woman whose marriage having been
and 3. That he contracts a second marriage or legal impediment. annulled or dissolved, married before
subsequent marriage; and delivery or before expiration of the
3. Concealing or abandoning any legitimate period of 301 days after the date of legal
child with intent to cause such child to 4. That the second or subsequent marriage QUALIFYING CIRCUMSTANCE: separation.
lose its civil status. has all the essential requisites for
validity. If either of the contracting parties obtains the
consent of the other by means of violence, ARTICLE 352. PERFORMANCE OF ILLEGAL
In the third way of committing this crime, intimidation or fraud. MARRIAGES
three requisites must be present, namely:
• Priests or ministers of any religious
1. The child must be legitimate; denomination or sect, or civil authorities
who shall perform or authorize any legal
2. The offender conceals or abandons such marriage ceremony shall be punished
child; and under the Marriage Law.

3. The offender has the intent to cause • Art. 352 presuppose that the priest or
such child to lose its civil status. minister or civil authority is authorized to
solemnize marriages. If the accused is
not authorized to solemnize marriage
and he performs an illegal marriage
ceremony, he is liable under Art. 177
(usurpation of authority or public
function).
 TITLE THIRTEEN: CRIMES AGAINST HONOR
CHAPTER ONE: LIBEL
SECTION ONE DEFINITIONS, FORMS, AND PUNISHMENT OF THIS CRIME
ARTICLE 353 LIBEL ARTICLE 354 REQUIREMENT FOR Requisites of the first kind of Requisites of the second kind of THE ANTI-WIRE TAPPING ACT (R.A. ARTICLE 358 SLANDER
PUBLICITY privileged communication: privileged communication: No. 4200) (oral defamation)

1. That, there must be an Every Defamatory Imputation is 1. That the person who made the 1. That it is fair and true Unlawful acts by any person or
imputation of a crime, or a vice Presumed to be Malicious, Even if it be communication had a legal, report of a judicial, participant, not authorized by all the Kinds:
or defect, real or imaginary, or True. The PRESUMPTION is rebutted if it is moral or social duty to make the legislative, or other official parties to any private
any act, omission, condition, shown by the accused that – communication, or, at least, he proceedings which are not communication or spoken word: 1. Simple slander
status or circumstance; had an interest to be upheld; of a confidential nature, or
1. The defamatory imputation is true, in of a statement, report or 1. To tap any wire or cable. 2. Grave slander, when it is of a
2. That the imputation must be case the law allows proof of the truth 2. That the communication is speech delivered in said serious and insulting nature
made publicly; of the imputation (see Art. 361); addressed to an officer or a proceedings, or of any 2. To use any other device or
board, or superior, having some other act performed by a arrangement to secretly
3. That it must be malicious; 2. It is published with good intention; interest or duty in the matter; public officer in the exercise overhear, intercept or record Factors that determine the gravity of
of his functions; such communication by using a the oral defamation:
4. That the imputation must be 3. There is justifiable motive for making device known as dictaphone,
directed at a natural person or a it. 3. That the statements in the 2. That it is made in good dictagraph, detectaphone, 1. Expressions used;
juridical person, or one who is communication are made in faith; walkie-talkie or tape-recorder.
dead; good faith. 2. Personal relations of the accused
MALICE is not presumed in the following 3. That it is without any 3. To knowingly possess any and the offended party;
5. That the imputation must tend cases involving qualifiedly privileged comments or remarks. tape/wire or disc record of any
to cause the dishonor, discredit, communication: communication or spoken word 3. Circumstances surrounding the
or contempt of the person or copies thereof. case;
defamed. 1. Private communication made by any Under Republic Act No. 1477:
person to another in the performance 4. To replay the same for any 4. Social standing and position of
of any legal, moral or social duty. A newspaper reporter cannot be person or persons. the offended party.
Test of defamatory imputation: compelled to reveal the source
2. A fair and true report, made in good of the news report he made, 5. To communicate the contents
A charge is sufficient if the words are faith, without any comments or unless the court or a House or thereof, verbally or in writing.
calculated to induce the hearers to remarks, of any judicial, legislative, or committee of Congress finds
suppose and understand that the other proceedings which are not of that such revelation is 6. To furnish transcriptions thereof,
person against whom they were confidential nature or of any demanded by the security of the whether complete or partial.
uttered was guilty of certain offenses, statement, report, or speech state.
or are sufficient to impeach the delivered in said proceedings, or of
honesty, virtue or reputation, or to any other act performed by public Exception:
hold him up to public ridicule. officers in the exercise of their
functions. When a peace officer is authorized by
written
 CHAPTER ONE: LIBEL CHAPTER TWO: INCRIMINATORY MACHINATIONS
SECTION ONE DEFINITIONS, SECTION TWO: GENERAL PROVISIONS
FORMS, AND PUNISHMENT
OF THIS CRIME
ARTICLE 359 SLANDER BY DEED ARTICLE 360. PERSONS RESPONSIBLE FOR ARTICLE 361 PROOF OF TRUTH When proof ARTICLE 363. INCRIMINATING INNOCENT INTRIGUING AGAINST HONOR
LIBEL of the truth is admissible in a charge for PERSONS
Slander by Deed– is a crime committed by Libel: Committed by any person who shall make any
performing any act which casts dishonor, 1. That the offender performs an act; intrigue which has for its principal purpose to
discredit or contempt upon another person. 1. The person who publishes, exhibits or blemish the honor or reputation of another.
causes the publication or exhibition of 1. When the act or omission imputed 2. That by such act he directly incriminates This refers to such intrigues against a person’s
any defamation in writing or similar constitutes a crime regardless of or imputes to an innocent person the honor or reputation which are not otherwise
Elements: means. whether the offended party is a private commission of a crime; punished under other articles of the code. It
individual or a public officer. differs from defamation in that it consists of
1. That the offender performs any act not 2. The author or editor of a book or 3. That such act does not constitute perjury tricky or secret plots and may be committed
included in any other crime against pamphlet. 2. When the offended party is a without using written or spoken words which
honor; Government employee, even if the are defamatory
2. That such act is performed in the imputation does not constitute a crime,
presence of other persons; 1. The editor or business manager of a daily provided it is related to the discharge of
newspaper magazine or serial his official duties.
3. That such act cast dishonor, discredit, or publication.
contempt upon the offended party.
2. The owner of the printing plant which ARTICLE 362 LIBELOUS REMARKS
publishes a libelous article with his
Slander by deed is of two kinds: consent and all other persons who in any
way participate in or have connection Libelous remarks or comments connected
1. Simple slander by deed; or with its publication. with the matter privileged under the
provisions of Art. 354, if made with malice,
2. Grave slander by deed, that is, which is shall not exempt the author thereof nor the
of a serious nature. editor or managing editor of a newspaper
from criminal liability
 TITLE FOURTEEN: QUASI-OFFENSES
SOLE CHAPTER: CRIMINAL NEGLIGENCE

ARTICLE 365 IMPRUDENCE AND NEGLIGENCE Reckless Imprudence – consists in voluntarily but Simple Imprudence – consists in the lack of precaution Qualifying Circumstance:
without malice, doing or failing to do an act from which displayed in those cases in which the damage impending
material damage results by reason of inexcusable lack of to be caused is not immediate nor the danger clearly Failing to lend help. It raises the penalty one degree
Four ways of committing quasioffenses under Art 365: precaution on the part of the person performing or failing manifest. higher.
to perform such act, taking into consideration his
1. By committing through reckless imprudence any act employment or occupation, degree of intelligence,
which, had it been intentional, would constitute a physical condition and other circumstances regarding Elements: Except:
grave or less grave felony or light felony; persons, time and place.
1. That there is lack of precaution on the part of the Sec. 55 of RA 4136, the driver can leave his vehicle
2. By committing through simple imprudence or offender. without aiding the victims if:
negligence an act which would otherwise constitute Elements: 2. That the damage impending to be caused is not
a grave or less serious felony; immediate nor the danger clearly manifest. 1. He is in imminent danger of being harmed,
1. That the offender does or fails to do an act.
3. By causing damage to the property of another 2. He wants to report to the nearest officer of the law,
through reckless imprudence or simple imprudence 2. That the doing of or the failure to do that act is or
or negligence; voluntary.
3. He desires to summon a physician or a nurse for
4. By causing through simple imprudence or negligence 3. That it be without malice. medical assistance to the injured.
some wrong which, if done maliciously, would have
constituted a light felony 4. That material damage results.

5. That there is inexcusable lack of precaution on the

part of the person performing or failing to perform
such act taking into consideration –

 Employment or occupation.
 Degree of intelligence, physical condition, and
 Other circumstances regarding persons, time and
place